RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01075
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her late husband’s DD Form 214 be corrected to reflect award of the
Purple Heart (PH) and any other medals he may be entitled to.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband’s DD 214 does not reflect award of the PH and other
medals. Her husband was unaware he could request a correction to his
records.
In support of her appeal, applicant submitted documents extracted from
her late husband’s military personnel records, newspaper articles and
a copy of his death certificate.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 5 Nov 42, the former service member contracted his initial
enlistment in the Regular Air Force. He was progressively promoted to
the grade of technical sergeant having assumed the grade effective and
with a date of rank of 1 Nov 44.
On 9 Jul 08, a DD Form 215 was issued adding the World War II Victory
Medal to the former service member’s DD Form 214.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states to be awarded the PH,
the service member must provide documentation to support he was
wounded as a direct result of enemy action and received medical
treatment by medical personnel. However, indirect injuries do not
meet PH criteria. Indirect injuries include but are not limited to,
diseases, exposure, 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.
Upon reviewing the service member’s military personnel and medical
records no documentation was located to reflect he sustained an injury
as a direct result of enemy action. The applicant provided no
documentation regarding the circumstances of how and when the injury
was incurred.
AFPC/DPSIDR’s complete 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
25 Jul 08, for review and response within 30 days. As of this date,
no response has been received by this office.
_________________________________________________________________
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 an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has failed to sustain her
burden of proof of the existence of an error or injustice in her
deceased husband’s records. The documentation provided and the
service member’s military records do not substantiate that he incurred
an injury that met the criteria for award of the PH. 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 this application in Executive
Session on 24 Sep 08, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Kurt R. LaFrance, Member
Ms. Debra K. Walker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Mar 08, w/atchs.
Exhibit B. Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 25 Jun 08.
Exhibit D. Letter, SAF/MRBR, dated 25 Jul 08.
CHARLENE M. BRADLEY
Panel Chair
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