RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00408
INDEX CODE: 107.00
COUNSEL: NO
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 AUGUST 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Germany in 1945, he was shell shocked and wounded by
mortar shell fragments in the back.
In support of his request, applicant provides a personal statement, copies
of his separation documents, separation qualification record and other
related associated documents.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
For the period in question, the applicant’s discharge document reflects he
was in the European Theater of Operations as a Clerk Non-typist, from 28
November 1944 through 31 December 1945. The applicant was honorably
discharged on 31 December 1945, for the Convenience of the Government
(Demobilization) and was credited with 1 year, 1 month and 3 days of
foreign service. He participated in the Ardennes, Rhineland and Central
Europe campaigns.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. DPPPR states they were
unable to locate official documentation to verify the applicant’s
entitlement to the PH. On 7 May 2007, the Purple Heart Review Board
disapproved the applicant’s request for the PH. The DPPPR evaluation, with
attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states that when he was hit by a mortar shell, the Army sent him
back to the Air Force because of his medical condition.
The applicant’s complete letter 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 his submission
and the supporting documentation he provided does not persuade us that he
should be awarded the Purple Heart Medal. The applicant contends he should
be awarded the Purple Heart for an injury sustained while serving in
Germany in 1945. However, he has provided no evidence to indicate that the
alleged condition he sustained was the direct result of enemy action.
There is no evidence of medical treatment for the wound he alleges he
sustained or that the wound was a direct result of enemy action. In
addition, the applicant did not provide any current medical evidence of
scarring or other residuals of the asserted injury that would persuade us
that he had an injury, which warranted the award of the Purple Heart Medal.
However, should the applicant obtain testimonies from other members from
his unit that were on the mission and can account for his injury, he may,
of course, submit another request and the Board will review this new
evidence. While we appreciate and honor the applicant’s service to his
country, in view of the above and absent persuasive evidence showing his
records are in error or unjust, the applicant’s request cannot be favorably
considered.
________________________________________________________________
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 21 June 2007, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Elwood C. Lewis, III, Member
Ms. Sharon B. Seymour, Member
The following documentary evidence pertaining to Docket Number BC-2007-
00408 was considered:
Exhibit A. DD Form 149, dated 14 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 8 May 07.
Exhibit D. Letter, SAF/MRBR, dated 18 May 07.
Exhibit E. Letter, Applicant, dated 23 May 07, w/atch.
MICHAEL K. GALLOGLY
Panel Chair
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