RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01197
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband should be awarded the PH for being shot in his right
leg by sniper fire while he was stationed in Germany. The
applicant writes a statement on his behalf because he is not able
to write it himself. The statement says he was put in the
hospital after securing a town in Germany. His leg was shattered
and while in the hospital he received a metal plate in his leg.
In support of her request, applicant provides a statement from
the former member prior to his death, a copy of his discharge
certificate, and a copy of his WD AGO Form 53, Honorable
Discharge.
Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member enlisted in the Army Air Force on 17 Dec 45 and
was progressively promoted to the grade of sergeant. He received
an honorable discharge on 3 Jun 48. He served on active duty for
3 years and 6 months.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPISDR states that the PH is
awarded for injuries as a direct result of enemy action. The
applicant did not provide any medical records that document the
incident or eyewitness statements that support her contentions.
In order for the former member to be considered by the Purple
Heart Review Board (PHRB), the former member must have met
several criterions; 1) provide a personal statement of the
specific event, 2) provide medical documentation reflecting the
occurrence and any treatment received, and 3) if possible,
eyewitness account of the incident who can confirm the episode
actually happened.
The DPSIDR complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant responded by stating her husband died on 13 Sep 08.
She has no way to acquire any other documentation to prove he is
entitled the PH.
Her complete rebuttal 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 an error or injustice. After a
thorough review of the available evidence and applicants
complete submission, we find no evidence the former members
records should be corrected to show he was awarded the PH. As
such, 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 former member has not been
the victim of an error or injustice. The military members
honorable service is noted. Regrettably, we do not find the
evidence submitted is sufficient to recommend granting the
requested relief.
_________________________________________________________________
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 AFBCMR Docket Number
BC-2009-01197 in Executive Session 12 Nov 09, under the provisions
of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 08, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 17 Sep 09.
Exhibit C. Letter, SAF/MRBR, dated 9 Oct 09.
Exhibit D. Letter, Applicant, 17 Oct 09.
Panel Chair
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