RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-04423
INDEX CODE: 107.00
XXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal due to injuries sustained
in Sep 43.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He received a gunshot wound (GSW) in the calf of his left leg at
the Marrakesh Airport. He received the Purple Heart Medal at a
morning report on September 7, 1943, after being reassigned. There
was a lot of confusion at that time and he never followed up on the
award. It was recorded, proven to be in the files, and then it
went no further.
In support of his appeal, the applicant provides a notarized
statement and two others from the company clerk of his squadron.
The applicant’s complete submission, with attachments, is at
Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Army Air Corps on 8 Jan 42. He was
progressively promoted to the grade of technical sergeant.
The applicant’s medical documentation reads, “G.S.W.-calf of left
leg-30 cal.-accidentally incurred.” It reflects the applicant was
assigned to the 317th Service Group, and that he was tagged at the
Marrakech Airport.
On 29 Sep 45, the applicant was honorably discharged and credited
with 3 years, 8 months, and 22 days of active service, including
2 years, 10 months, and 21 days of foreign service.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommended denial, noting the applicant’s request
for the PH was considered and denied by the Purple Heart Review
Board (PHRB).
The PH is awarded for wounds received as a direct result of enemy
action (i.e., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bail out injuries, etc.). In addition, it
is necessary the wound required or received treatment by medical
personnel. Indirect injuries do not meet the criteria for the
award of the PH. These include, but are not limited to, injuries
received while seeking shelter from mortar or rocket attacks,
aircraft bombings, grenades, and injuries incurred while serving as
an aircraft member in a passenger status as a result of the
aircraft’s evasive measures against hostile fire or Post-Traumatic
Stress Disorder.
The complete HQ AFPC/DPSIDR 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 12 Jun 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. We took notice of
the applicant's complete submission, including the notarized
statement submitted on the applicant’s behalf, in judging the
merits of the case. However, in our view, HQ AFPC/DPSIDR has
adequately addressed the issues presented by the applicant and we
are in agreement with its opinion and recommendation. Therefore,
we adopt the rationale expressed as the basis for our decision the
applicant has failed to sustain his burden of having suffered
either an error or injustice. The personal sacrifice he has
endured for our nation is noted; however, an indirect injury such
as the one he incurred, does not meet the criteria for the PH. In
view of the above, and in the absence of evidence to the contrary,
we find no 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-2008-
04423 in Executive Session on 29 July 2009, under the provisions of
AFI 36-2603:
Mr. Joseph D. Yount, Panel Chair
Ms. Barbara J. Barger, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 3 Jun 09.
Exhibit D. Letter, SAF/MRBR, dated 12 Jun 09.
JOSEPH D. YOUNT
Panel Chair
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