RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03332
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart (PH) for
injuries he received on or about 15 Aug 44.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 15 Aug 44, he received injuries to his ankle and a cut on his forehead
when a shell exploded several yards to his left.
He was blown out of a jeep and into the road.
In support of his request, the applicant provided medical documentation, a
copy of his WD AGO Form 53, Enlisted Record and Report of Separation, and
additional statements.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was inducted into the Army Air Corps on 19 Aug 42. He was
discharged on 30 Nov 45 for convenience of the government.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. 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. In
addition, it is necessary that the wound required or received medical
treatment by medical personnel. Indirect injuries do not meet PH criteria.
Indirect injuries include but are not limited to disease, 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.
The applicant’s request was forwarded to the PH Review Board (PHRB). The
PHRB determined the applicant did not have sufficient medical documentation
to approve the PH. The only supporting documentation to any injuries was
two notarized eyewitness statements. The eyewitnesses’ military records
were reconstructed and limited consisting of only two pages each. DPSIDR
states they were unable to verify if they were in the same unit or had any
foreign service. Each PH request is considered on the policies and
criteria in use at the time the veteran was injured, and the determination
is dependent on the documentary evidence presented.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 29 Feb
08 for review and comment within 30 days (Exhibit C). As of this date,
this office has not received a response.
_________________________________________________________________
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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we agree
with the opinion and recommendation of the Air Force office of primary
responsibility and adopt its rationale as the basis for our conclusion that
the applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
_________________________________________________________________
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-2007-03332
in Executive Session on 7 May 08, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Lea Gallogly, Member
Ms. Glenda H. Scheiner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, w/atchs, dated 20 Mar 07.
Exhibit B. Memorandum, AFPC/DPSIDR, dated 5 Feb 08.
Exhibit C. Letter, SAF/MRBR, dated 29 Feb 08.
THOMAS S. MARKIEWICZ
Chair
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