RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03576
INDEX CODE: 100.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 25 May 2008
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the PH for a laceration to his scalp that he received
as a result of the Japanese bombardment of Hickam Field on 7 December 1941.
In support of his appeal, applicant submits his Enlisted Record and Report
of Separation, a Physical Examination for Flying, and extracts from his
reconstructed military master personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were destroyed by fire at the National Personnel
Records Center (NPRC) in 1973. Therefore, the following information has
been extracted from the applicant’s reconstructed Military Master Personnel
Records and the documentation provided by applicant.
Applicant is a former member of the Army Air Corps who served on active
duty from 3 January 1940 to 1 September 1945. He served in the Pacific
Theatre of Operation from 20 March 1940 to 1 July 1943. His records
contain a Physical Examination for Flying which lists, “laceration of scalp
- Dec 7, 1941” under medical history.
In accordance with AR 600-45, during the period in question, the Purple
Heart (PH) was awarded for wounds received in action against an enemy of
the United States, or for wounds received as a direct result of enemy
action, provided such wound necessitates treatment by a medical officer.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
to be awarded the PH, a member must provide a detailed personal account,
certified eyewitness statements, and medical documentation to show the
wound received treatment by medical personnel and occurred as a direct
result of enemy action. Applicant has provided no detailed account or
certified eyewitness statement to validate his claim. Although the
Physical Examination for Flying Report indicates a laceration of scalp,
there is no official documentation to show the laceration was the direct
result of enemy action.
The AFPC/DPPPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 5
January 2007, for review and comment, within 30 days. However, as of this
date, no response has been received by this office.
________________________________________________________________
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 probable error or injustice. In this respect, we note the PH
is awarded for wounds received in action against an enemy or as a direct
result of enemy action. Although the applicant contends that he was
injured as a result of the Japanese bombardment of Hickam Field on 7
December 1941, he provides no explanation of the circumstances surrounding
his injury. The applicant’s military records were destroyed by fire at the
National Personnel Records Center (NPRC) in 1973; however, his records have
been reconstructed based on documentation provided by applicant. These
records contain a Physical Examination for Flying which lists, “laceration
of scalp - Dec 7, 1941” under medical history. In addition, the Report of
Separation issued in conjunction with his 1 September 1945 separation,
indicates “none” in Item 34, Wounds Received in Action. While the Board is
mindful of the events that transpired on 7 December 1941, insufficient
documentary evidence has been presented to indicate that he meets the
criteria for award of the PH. Therefore, in the absence of such evidence,
we find no basis upon which to recommend favorable consideration of his
request.
________________________________________________________________
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 Docket Number BC-2006-03576
in Executive Session on BC-2006-03576, under the provisions of AFI 36-2603:
Mr. James W. Russell, III, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 06, w/atchs.
Exhibit B. Applicant's Reconstructed Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 14 Dec 06.
Exhibit D. Letter, SAF/MRBR, dated 5 Jan 07.
JAMES W. RUSSELL, III
Panel Chair
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