SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01155
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 September 1947.
Military medical record entries indicate that on 21 August 1951, he was
treated with a butterfly dressing for a small laceration to his shoulder
sustained during a car accident on 21 August 1951 and that he was slightly
under the influence of alcohol; that on 22 August 1951, he was treated with
heat for a contusion of his shoulder; and that on 23 and 24 August 1951,
and 8 September 1951, he was treated with radiant heat for a stiff shoulder
and painful forearm on exercise. He voluntarily retired in the grade of
senior master sergeant on 1 July 1971.
On 4 March 2005, the Air Force Purple Heart Review Board (AFPHRB)
considered and denied applicant’s request for the PH.
On 13 July 2005, the Board considered and denied applicant’s request for
the PH. For an accounting of the facts and circumstances surrounding the
applicant’s separation, and the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit F.
On 30 November 2005, the applicant requested reconsideration of his
request; however, on 15 December 2005, he was advised that his request did
not meet the criteria for reconsideration by the Board (Exhibits G and H).
In a letter to the Secretary of the Air Force, dated 24 February 2006, the
applicant requested reconsideration of his request; however, on 20 March
2006, he was advised that his request did not meet the criteria for
reconsideration by the Board (Exhibits I and J).
In letters to the AFBCMR, dated 22 March 2006, 19 May 2006, and a letter to
the Principal Deputy General Counsel, USAF, the applicant requested
reconsideration and provided additional evidence. Applicant’s complete
submissions are at Exhibits K through O.
On 7 May 2007, the Board reconsidered his request for the PH. A majority
of the Board remained unpersuaded that he had provided any corroborative
evidence to support his contention that his injury met the criteria for
entitlement to the PH. The Secretary’s designee accepted the
recommendation of the Board’s majority and the application was again
denied. For an accounting of the facts and circumstances surrounding the
applicant’s separation, and the rationale of the earlier decision by the
Board, see the Record of Proceedings at Exhibit U.
By letter dated 13 December 2007, the applicant again requested
reconsideration of his request and provided a copy of a message
indicating the approval for his PH had been forwarded by personnel USAFE
Wiesbaden to Hq USAF where the order would be issued. The applicant’s
complete submission, with attachment, is at Exhibit V.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After reviewing the additional evidence provided by the applicant
indicating the approval for his PH had been forwarded by USAFE personnel to
Hq USAF where the order would be issued, a majority of the Board finds that
he has presented sufficient evidence to demonstrate the existence of error
or injustice. Although the applicant previously provided a memo from the
squadron adjutant to the TUSLOG Commander, establishing the TUSLOG
Commander’s intent to award the applicant the PH, a majority of the Board
previously found there was no official documentation to verify that it was
approved. However, in view of this most recent evidence, a majority of the
Board finds that he has established the PH was approved and recommends that
his records be corrected to the extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT, be corrected to show that he was awarded the Purple Heart for
injuries he received as a direct result of enemy action near Wiesbaden,
Germany, on 27 August 1951.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2005-01155
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Grover L. Dunn, Member
By majority vote, the Board recommended the records be corrected, as
recommended. Mr. Beard voted to deny the application, but does not wish to
submit a Minority Report. The following documentary evidence was
considered:
Exhibit U. Second Addendum to Record of Proceedings,
w/atchs.
Exhibit V. Letter, Applicant, dated 13 Dec 07, w/atch.
WAYNE R. GRACIE
Panel Chair
AFBCMR BC-2005-01155
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that he was awarded the
Purple Heart for injuries he received as a direct result of enemy action
near Wiesbaden, Germany, on 27 August 1951.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
ds
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