RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03255
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 24 April 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He received injuries to his left knee in 1943 when his ship was hit by a
German torpedo and he jumped to a lifeboat. His left leg was hanging out of
the lifeboat when a ‘big wave” slammed the lifeboat back into the ship with
his leg jammed between the lifeboat and ship, causing the leg injury.
In support of his appeal, the applicant provides copies of Department of
Veterans Affairs (DVA) medical documents; discharge documents; excerpt of
Army Regulation 600-8-22, PH Award criteria; and a letter of support.
The applicant’s submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s complete military record cannot be located due to his
records being destroyed in the 1973 fire at the National Personnel Records
Center in St. Louis, Missouri. Documents provided by the applicant
indicate that on 2 October 1942, the applicant enlisted in the Army Air
Force at the age of 19. The applicant was progressively promoted to the
rank of staff sergeant.
On 6 December 1945, the applicant was honorably discharged from active
duty. He served 3 years, 2 months, and 4 days of active duty of which 2
years, 1 month, and 18 days was foreign service.
A DVA rating decision, dated 28 March 2006, indicates that in addition to
hand and feet injuries, the applicant receives 100% disability for left
knee degenerative disease post knee surgery with prosthesis and
patellectomy, which is service connected, incurred during World War II.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the applicant’s request for the PH Medal be denied.
DPPPRA states that to be awarded the PH Medal, a member must provide a
detailed personal account, eyewitness statements, and medical documentation
to show the wound received treatment by medical personnel and occurred as a
direct result of enemy action. The applicant’s request met the Purple
Heart Review board (PHRB) on 4 December 2006 and was disapproved.
The AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provides a personal account of what happened on the day his
ship was hit by a German torpedo and medical documents from the Department
of Veteran Affairs.
The applicant’s rebuttal is at Exhibit E.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest of
justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
records, we found no evidence that the applicant is eligible for the award
of the Purple Heart Medal. The applicant did not provide any documentary
evidence to substantiate his claim that he was wounded in action as a
direct result of enemy action, or that he was recommended for, or awarded,
the Purple Heart Medal. The personal sacrifice the applicant endured for
his country is noted and the recommendation to deny the requested relief in
no way diminishes the high regard we have for his service. Nevertheless,
in view of the above, we find no basis to favorably consider this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of material error or injustice; that the application was
denied without a personal appearance; and that the application will only be
reconsidered upon the submission of newly discovered relevant evidence not
considered with this application.
_________________________________________________________________
The following members of the Board considered this application in Executive
Session on 7 February 2007, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Jan Mulligan, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-03255:
Exhibit A. DD Form 149, dated 16 Oct 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 5 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 15 Dec 06.
Exhibit E. Applicant’s Rebuttal, dated 5 Dec 06, w/atchs.
THOMAS S. MARKIEWICZ
Chair
AF | BCMR | CY2006 | BC-2006-01741
In support of his appeal, the applicant has provided two letters from the Army BCMR transferring his case to the AFBCMR as he was in the US Army Air Corps. The PHM Review Board disapproved his request for award of the PHM on 27 June 2006. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.
AF | BCMR | CY2003 | BC-2003-00899
There is no indication of an aircraft accident and his being held prisoner of war (POW). The evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 8 August 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days. The applicant claims that his records are incomplete because they do not reflect an aircraft accident or that he was...
AF | BCMR | CY2007 | BC-2007-01668
HQ AFPC/DPSO’s complete evaluation is at Exhibit C. HQ AFPC/DPPPR reviewed the applicant’s request and recommended deny for award of the Purple Heart Medal. To be awarded the PH, a member must provide documentation to support he was wounded as a result of enemy action. HQ AFPC/DPPPR’s complete evaluation is at Exhibit D. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the...
AF | BCMR | CY2004 | BC-2002-03224
_________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. AFPC/DPPPR recommends denial of the applicant’s request for award of the PH medal. The applicant has not provided any documentation or corroborating evidence that he suffered any injuries or wounds while a POW in Germany.
AF | BCMR | CY2006 | BC-2005-01465
The Purple Heart Review Board (PHRB) considered and denied applicant’s request for the PH on 1 November 2005. Applicant’s personal statement is noted; however, after thoroughly reviewing the evidence of record, to include his service medical records, we find no corroborative evidence to establish that he was treated for wounds received as a direct result of enemy action during a rocket attack on 28 February 1968. ________________________________________________________________ The...
AF | BCMR | CY2006 | BC-2006-01167
DPPPR states the PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the servicemember has not been the victim of an error or an injustice. The...
AF | BCMR | CY2006 | BC-2006-02265
There is no evidence in his reconstructed limited military records to support he was injured as a direct result of enemy action. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Should he respond with evidence of...
AF | BCMR | CY2004 | BC-2003-04015
After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...
The applicant has not provided any documentation showing that he received medical treatment for either injury and there is no documentation in his medical file mentioning either of these injuries. Therefore, we conclude that any doubt should be resolved in this applicant’s favor and recommend he be awarded the PH for injuries sustained after bailing out of his B-24 bomber on 9 Feb 45. Exhibit C. Letter, HQ AFPC/DPPPR, dated 31 Jul 02, w/atchs.
AF | BCMR | CY2006 | BC-2005-03408
The documentation provided by the applicant and the limited military records of the servicemember do not substantiate he had an injury that met the criteria for award of the PH. Nor has the applicant or the servicemember provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement verifying the cause of the crash. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.