RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02183
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The deceased members record be corrected to show he was awarded
the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She would like to know if her husbands injuries qualify for
award of the PH.
In support of her request, the applicant provides a letter from
the Department of Veterans Administration and Department of the
Army; copies of his DD Form WG AGO Form 53-55, Enlisted Record
and Report of Separation, Honorable Discharge and State of
Louisiana Certificate of Death.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants military personnel records were destroyed by fire
in 1973. Therefore, the facts surrounding his injuries in World
War II cannot be verified. Based upon the available records, the
applicant enlisted in the Army Air Corps as an aerial gunner on
11 August 1943 and was progressively promoted to the grade of
technical sergeant. He was honorably discharged on 30 October
1945.
The PH is awarded for wounds received as a direct result of enemy
actions, (i.e., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bailout injuries, etc.). In addition, it
is necessary 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
aircrafts evasive measures against hostile fire.
_________________________________________________________________
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 careful
consideration of applicant's request, we note that there are no
records to review and the applicant has not provided
documentation revealing the circumstances of the deceased
members injury. Based on the presumption of regularity in the
conduct of government affairs and without evidence to the
contrary, we must assume that the deceased member was not
recommended for an award of the PH. Therefore, we find no basis
upon which to favorably consider 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 Docket
Number BC-2010-02183 in Executive Session on 24 February 2011,
under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to Docket Number
BC-2010-02183 was considered:
Exhibit A. DD Form 149, dated 21 Jun 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
AF | BCMR | CY2010 | BC-2010-03985
DPSIDR states while there is evidence to support the deceased member was injured during his active duty service, there is a lack of sufficient evidence to support the injury was received as a direct result of enemy action. _________________________________________________________________ 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...
AF | BCMR | CY2010 | BC 2010 02709
The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The deceased members widow provides her account of the mission that resulted in the former members injury. The acts of heroism and...
AF | BCMR | CY2010 | BC-2010-03989
After a thorough review of the available evidence and the applicants complete submission, we find no evidence which would lead us to believe the deceased members injuries were a direct result of enemy action or friendly fire as required for award of the PH. 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 that the deceased member has not been the victim of an error or...
AF | BCMR | CY2011 | BC-2011-02024
DPSIDRA states they were unable to locate any official medical documentation verifying the applicant was ever recommended for or awarded the PH, nor were they able to locate any official documentation verifying the applicant received an injury by direct result of enemy action during World War II (WWII). DPSIDRA notes that according to the VA Form 21-526, Veterans Application for Compensation or Pension, box 19 shows the only sickness, disease, or injury claimed by the...
AF | BCMR | CY2006 | BC-2006-02030
In support of her request, the applicant provided a personal letter, a copy of her husband’s Enlisted Record; WD AGO Form 55-98, Military Record and Report of Separation Certificate of Service; WD AGO Form 55, Honorable Discharge Certificate; Certificate of Service; Missing Air Crew Report 11733; World War II Prisoner of War Report; a Letter from a former crew member; an excerpt from Army Regulation 600-45, Personnel Decorations; Public Law 104-106 and copy of his death certificate. The...
AF | BCMR | CY2012 | BC-2012-05131
Furthermore, the several supporting statements she provides are more than sufficient to establish that her deceased father sustained a qualifying injury when his plane was shot down by the enemy. While we note the comments of the Air Force office of primary responsibility indicating that such entries could relate to combat or non-combat related injuries, we find it substantially more likely that these wounds were the result of enemy action and therefore met the criteria for the award of the...
AF | BCMR | CY2010 | BC-2010-00132
The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He notes that the Air Force advisory opinion indicates the PH is awarded for wounds received as a direct result of enemy actions. 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...
AF | BCMR | CY2010 | BC-2010-02891
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02891 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Vietnam Service Medal (VSM) administratively corrected. After a thorough review of the available evidence and applicants complete submission, we find no evidence the applicants records should be corrected to show he was...
AF | BCMR | CY2007 | BC-2006-00014A
ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00014-2 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration, she requests her deceased spouse be awarded the Purple Heart Medal with one oak leaf cluster (PH 1OLC). ...
AF | BCMR | CY2010 | BC-2010-01511
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01511 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for a service-connected wound in Nadzab, New Guinea. As of this date, this office has received no response (Exhibit D). ________________________________________________________________ THE BOARD DETERMINES...