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AF | BCMR | CY2010 | BC-2010-00807
Original file (BC-2010-00807.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00807 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband’s records be corrected to reflect award of the 
Purple Heart (PH) and Silver Star (SS) for injuries he incurred 
while held as a Prisoner of War (POW). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

The Purple Heart Review Board (PHRB) denied her request for 
award of the PH to her late husband. 

 

Her late husband served his country honorably and without 
complaint upon his capture by the Germans when his B-24 aircraft 
was shot down on his 21st mission. His whole life was God, his 
country, and family without complaint. 

 

Her late husband aided a journalist in bailing out of the plane 
and helped him to safety and out of danger. They were the last 
two to bail out. Her late husband’s leg was torn up the side 
when he landed in a tree and the injury left scars. 

 

In support of her request, the applicant provides copies of 
personal statements, retiree identification card, Gold Star 
Wives of America, Incorporated membership card, U.S. National 
Archives and Records Administration POW extracts, Department of 
Veterans Affairs records, military personnel records extracts, 
photographs, and death and marriage certificates. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The decedent entered the Army Air Corps on 6 Aug 42. 

 

The decedent’s WD AGO Forms, 53-55, Enlisted Record and Report 
of Separation – Honorable Discharge, and DD Forms 214, Armed 
Forces of the United States Report of Transfer or Discharge, 
reflects “none” for Wounds Received in Action. 

 


The PH is awarded for wounds received as a direct result of 
enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand 
combat wounds, forced aircraft bailout injuries, etc.). In 
addition, it is necessary that the wound required or received 
treatment by medical personnel. Indirect injuries do not meet 
the criteria for 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 aircrew member or in a passenger 
status because of the aircraft’s evasive measures against 
hostile fire. 

 

Army policy in 1944 stated that the word element referred to 
weather and permitted the award of the Purple Heart to personnel 
who had been “severely frostbitten while actually engaged in 
combat.” 

 

In accordance with the Department of Defense Manual 1348.33-M, Manual of Military Decorations and Awards, the SS may be awarded 
to any individual--military, civilian, or foreign--who, while 
serving in any capacity with the Armed Forces of the United 
States, distinguishes himself or herself by gallantry in action 
under any of the following circumstances: against an enemy of 
the United States, while engaged in military operations 
involving conflict with an opposing foreign force, while serving 
with friendly foreign forces engaged in an armed conflict 
against an opposing armed force in which the United States is 
not a belligerent party. 

 

The decedent was held a POW from 24 Jun 44 to 14 Jun 45 and his 
records will be administratively corrected by AFPC to reflect 
his status. 

 

The decedent was retired in the grade of master sergeant on 
1 Jul 66. He is credited with 22 years, 10 months, and days of 
active service. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial. DPSIDR states that after a 
thorough review of the decedent’s master personnel records, they 
were unable to locate a Special Order, citation, certificate, 
recommendation, or any other documentation verifying his 
entitlement to the SS. Further, with regard to the PH, they 
were unable to locate any evidence he was injured as a direct 
result of enemy action during his captivity as a POW. 

 

Under the 1996 National Defense Authorization Act, veterans may 
be recommended for a decoration by following these procedures. 
However, the written decoration recommendation must meet two 
criteria: 1) be made by someone, other than the member himself, 
in the member’s chain of command at the time of the incident, 


and, who has firsthand knowledge of the acts or achievements; 
and 2) be submitted through a congressional member who can ask a 
military service to review a proposal for a decoration based on 
the merits of the proposal and the award criteria in existence 
when the event occurred. 

 

The recommendation must include the name of the decoration, 
(i.e., SS), reason for recognition (heroism, achievement, or 
meritorious service), inclusive dates of the act, and a 
narrative description of the act. The recommending official 
must sign the recommendation. Also, a proposed citation is 
required and any chain of command endorsements (at the time of 
the act or service) are required. Any statements from fellow 
comrades, eyewitness statements attesting to the act, sworn 
affidavits, and other documentation substantiating the 
recommendation should be included with the package. 

 

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 6 Aug 10 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

_________________________________________________________________ 

 

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 in judging the merits of 
the case; however, 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 applicant has 
not been the victim of an error or injustice. Therefore, 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-2010-00807 in Executive Session on 23 September 2010, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 22 Feb 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIDR, dated 22 Jul 10. 

 Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10. 

 

 

 

 

 

 Panel Chair 

 

 



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