RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-03797
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The applicant’s request is not clear. However, it appears he is
requesting the following:
1. His records be corrected to reflect his entitlement for award of
the Purple Heart (PH).
2. His records be corrected to reflect he participated in battles and
campaigns (The applicant’s request was administratively corrected to
reflect his entitlement to the World War II Victory Medal (WWIIVM), the
Asiatic-Pacific-Campaign Medal (APCM), and the APCM w/1 Bronze Service
Star (BSS).
_________________________________________________________________
APPLICANT CONTENDS THAT:
His records should reflect the actual events of his service.
In support of the request, the applicant provides excerpts from his
available military personnel records.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s available records reflect that he enlisted in the Army
12 Aug 42 to 23 Dec 44. On 15 Sep 43, he was injured when the C-47
aircraft in which he served as radio operator crashed and caught fire
in Burma while in the performance of military duties. He received
second and third degree burns to his lower extremities, his hands, and
left ear.
On 26 Feb 44, a Medical Evaluation Board (MEB) convened and determined
the applicant was unfit for continued military service. The MEB
recommended he be transferred to a general hospital in the United
States for treatment and disposition. On 27 Mar 44, he was returned to
the United States for continued treatment of his wounds.
On 23 Dec 44, he was honorably discharged and received a Certificate of
Disability Discharge.
In accordance with Army regulations (AR) 600-45, Decorations, dated 22
Sep 43, during the period in question, the PH was awarded for wounds
received in action against an enemy of the United States, or as a
direct result of an act of such enemy, provided such wound necessitated
treatment by a medical officer. For the purpose of awarding the PH, a
wound was defined as an injury to any part of the body from an outside
force, element, or while in action in the face of the enemy. When a
person eligible for award of the PH was treated for a wound, the
commanding officer of the hospital, or the medical officer who treated
the wound, furnished the commanding officer of the wounded person a
certificate briefly describing the nature of the wound, and certifying
the necessity of treatment. In addition, a wounded soldier’s
unsupported statement could be accepted in unusual or extenuating
circumstances when, in the opinion of the officer making the award, no
corroborative evidence was obtainable. However, the statement would be
substantiated if possible.
On 14 Aug 09, AFPC/DPSIDR verified his entitlement to the WWIIVM, the
APCM, and the APCM w/1 BSS (Exhibit B).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant did not
provide sufficient evidence to substantiate his claim and they are
unable to make a determination at this time.
The complete DPSIDR complete evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 24
Jul 09, for review and comment within 30 days. As of this date, no
response has been received by this office (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 concerning his request for award of
the PH. We took notice of the applicant's complete submission in
judging the merits of the case; however, evidence has not been
presented which would lead us to believe that his injuries were the
direct result of enemy action. In this regard, the Board notes the
evidence of record reflects the applicant was injured in an airplane
accident and there is no evidence to indicate the airplane accident was
due to enemy action. Further, wounds can only be annotated on a DD
Form 214 if they were a direct result of enemy action. In view of the
above and in the absence of sufficient evidence to the contrary, we
find no compelling basis to recommend granting the applicant’s request
for award of the PH Medal.
4. Regarding the applicant’s request that his records be corrected
to reflect battles and campaigns, we note the applicant’s records were
administratively corrected to reflect his entitlement to the WWIIVM,
the APCM, and the APCM w/1 BSS. Therefore, in the absence of evidence
of his entitlement to any additional awards or medals, no further
action by this Board is necessary.
_________________________________________________________________
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 that 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 Docket Number BC-2008-
03797 in Executive Session on 17 Sep 09, under the provisions of AFI 36-
2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. Steven A. Cantrell, Member
Mr. Alan A. Blomgren, Member
The following documentary evidence was considered under the provisions
of AFI 36-2603:
Exhibit A. DD Form 149, dated 10 Jan 08, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 20 Jul 09.
Exhibit D. Letter, SAF/MRBR, dated 24 Jul 09.
CHARLENE M. BRADLEY
Panel Chair
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