RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-01649
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His Enlisted Record and Report of Separation indicate his wounds were
received in action on 12 May 45. The plane he was on crashed in a combat
area. After the crash, he was hospitalized for 10 months to recover.
In support of the application, the applicant submits his separation
document and discharge certificate.
The applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s records were damaged in the fire at the National Personnel
Records Center in 1973. The following information was extracted from the
available records submitted by the applicant.
The applicant was honorably discharged on 6 May 46. He served 1 year, 11
months and 4 days to include 1 year, 3 months and 23 days of Foreign
Service.
PH Criterion: In accordance with Army Regulation (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, 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 agent, sustained as the result of a hostile act
of the enemy, 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.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant was aboard a
transport plane in a “passenger status” and was injured when the plane
accidently crash landed at Clark Field in Luzon, Philippine Islands. On 6
Feb 46, the applicant submitted a request for entitlement to the PH award.
On 19 Apr 46, the Adjutant General denied the applicant’s request for the
PH because he did not meet the requirements as indicated in AR 600-45.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response dated 22 Dec 09, the applicant states the aircraft did not
take any evasive action against hostile fire. He also reiterates many of
his earlier contentions.
The applicant’s complete response 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 that would indicate he should be awarded
the Purple Heart. 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 meet the PH criteria as
stated above. The applicant’s response to the Air Force evaluation is
noted; however, we find no basis for us to substitute our judgment for that
rendered by the appropriate Air Force officials who were closer to the
events at that time. Therefore, 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 the applicant has not been
the victim of an error or injustice. 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 AFBCMR BC-2009-01649 in
Executive Session on 30 Mar 10, under the provisions of AFI 36-2603:
Vice Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 10 Apr 09, w/atch.
Exhibit B. Applicant’s Available Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 17 Nov 09.
Exhibit D. Letter, SAF/MRBR, dated 11 Dec 09.
Exhibit E. Letter, Applicant, dated 22 Dec 09.
Vice Chair
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