RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01642
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JANUARY 2008
_______________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal and any compensation associated
with it.
_______________________________________________________________
APPLICANT CONTENDS THAT:
On 4 March 1944, he injured his leg and shoulder in the first Berlin raid
during World War II. His brother was also wounded and received a $20.00
per month lifetime payment. He believes he was the lone patient in the
maternity ward in England but was later flown to the United States to
complete his recovery in Texas.
The applicant's complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Data extracted from his available military records reflects that he served
in the Army Air Corps from 1940 through 1946.
The applicant was discharged in the grade of staff sergeant on 9 February
1946 with service characterized as general (under honorable conditions).
He served a total of 5 years, 3 months and 29 days on active duty.
The Purple Heart is awarded for wounds received as a direct result of enemy
actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds,
forced aircraft bail-out injuries, etc.). A recent change now extends the
eligibility for award of the PH to former prisoners of war (POWs) that were
held prior to 25 April 1962 and suffered wounds or injuries at the hands of
their captors. In addition, it is necessary that the wound required or
received treatment by medical personnel. Indirect injuries do not meet
criteria for award of the PH. These include, but are not limited to,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft bombings, grenades, and injuries incurred while serving as an
aircrew member or in a passenger status as a result of the aircraft’s
evasive measures against hostile fire.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the request be denied. DPPPR states in order to be
awarded the PH, the applicant must provide documentation to support that
his wounds were a direct result of enemy action and the wounds received
medical treatment by medical personnel. DPPPR states no official
documentation was submitted to verify he was injured as a direct result of
enemy action. DPPPR states without official medical documentation, a
certified eyewitness statement, or a detailed account to verify entitlement
to the PH, his entitlement to the PH cannot be verified.
The complete DPPPR evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 17 Aug
07 for review and comment within 30 days. As of this date, this office has
received no response (Exhibit D).
_______________________________________________________________
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
evidence and the applicant’s complete submission, we find no evidence which
would lead us to believe the applicant incurred an injury as a direct
result of enemy action as required for award of the PH. We are not
unmindful or unappreciative of his service to his Nation. Should he secure
supporting documentation, we would be willing to reconsider his
application. Accordingly, in the absence of persuasive evidence to the
contrary, we find no compelling basis to reccomend favorable consideration
of his application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a material error or injustice; that the application was
denied without a personal appearance; and the application will only be
reconsidered upon the submission of newly discovered relevant evidence no
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
01642 in Executive Session on 2 October 2007 and XX October 2007 under the
provisions of AFI 36-2603:
Ms. Cathlynn B. Novel, Panel Chair
Ms. Jan Mulligan, Member
Mr. Mark J. Novitski, Member
The following documentary evidence pertaining to Docket Number BC-2007-
01642 was considered:
Exhibit A. DD Form 149, dated 14 May 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 30 July 07
Exhibit D. Letter, SAF/MRBR, dated 17 August 2007.
Exhibit E. Letter, Applicant, dated 10 October 2007, w/atchs.
CATHLYNN B. NOVEL
Panel Chair
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