RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-03796
INDEX CODE: 107.00
COUNSEL: ANAHEIM VET CENTER
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 16 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased spouse be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband died during an aircraft accident in Eglin Field, Florida, on 29
July 1947 while serving in the Army Air Corps.
In support of her request, the applicant provided documents extracted from
the service-member’s military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The service-member's military personnel records were destroyed by fire in
1973 at the National Personnel Record Center (NPRC) in St. Louis, Missouri.
Based on the available documentation the following facts are provided.
The service-member with prior service entered active duty in the Army Air
Corps on 25 September 1943 and served as a navigator and on 27 October
1945, he was honorably released. It appears he reenlisted at a later date.
He died during an aircraft accident at Eglin Field, Florida, on 29 July
1947.
To be awarded the PH, a member must provide documentation to support he was
wounded as a direct result of enemy action and must have received medical
treatment by medical personnel. Indirect injuries do not meet the criteria
for the PH. Indirect injuries include but are not limited to, diseases,
exposure, injuries received while seeking shelter from mortar or rocket
attacks, aircraft bombings, grenades, and injuries incurred while serving
as an aircraft member or in a passenger status as a result of the
aircraft’s evasive measures against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states documentation in the
applicant’s record states he died from an aircraft accident at Eglin Field,
Florida, on 29 July 1947. Applicant’s cause of death was not a direct
result of enemy action, which makes him ineligible for award of the PH.
The DPPPR complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states her husband along with
nine other men were killed in a failed take-off of a B-29 aircraft on 29
July 1947. She was sent the PH, which was awarded posthumously. She has
had the PH for a number of years, but have since lost it and desires it be
replaced.
Applicant’s complete response, with attachments, 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 an error or injustice. The applicant’s contentions are duly
noted; however, after thoroughly reviewing the applicant’s submission, we
are not persuaded the service-member should be awarded the PH Medal.
Neither evidence provided by the applicant nor the service-member’s records
substantiate he was injured as a direct result of enemy action as required
for award of the PH. The personal sacrifice the former member endured for
his country is noted and our decision in no way diminishes the high regard
we have for his service; however, insufficient documentary evidence has
been presented to warrant awarding him the PH. Therefore, in the absence
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or injustice; the application was denied without a
personal appearance; and 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 AFBCMR Docket Number BC-2006-
03796 in Executive Session on 22 February 2007, under the provisions of AFI
36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Gregory A. Parker, Member
Mr. Todd L. Schafer, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Dec 06, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 21 Dec 06.
Exhibit D. Letters, SAF/MRBR, dated 12 Jan 07.
Exhibit E. Letter, Applicant, dated 22 Jan 07, w/atchs.
JAMES W. RUSSELL III
Panel Chair
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