RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03383
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1) His records be corrected to reflect he was awarded the Purple
Heart (PH) Medal.
2) His records be corrected to reflect he was a Prisoner of War
(POW).
3) His records be corrected to reflect his Battle (Bronze
Service) Stars (ADMINISTRATIVELY CORRECTED).
________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he earned the above awards and did not know they
were not listed until his daughter insisted that he request
issuance of them through his congressman.
In support of his appeal, the applicant submits a copy of his WD
AGO Form 106, copies of his AAFRS4 Form 2-72, a letter from his
son to his congressman, and correspondence from his congressman.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant's military personnel records were destroyed by
fire in 1973. Therefore, some of the facts surrounding his
service cannot be verified. Data extracted from his
reconstructed records reflect he enlisted in the Army Air Corps
from 30 September 1942 to 8 December 1945 and in the Regular Air
Force from 28 December 1945 to 11 October 1948. He served as an
Intelligence Noncommissioned Officer and a Carbine Sharpshooter.
The applicants Enlisted Record and Report of Separation reflect
he was awarded the World War II Victory Medal and the Army of
Occupational Medal.
In accordance with Army Regulation (AR) 600-45, Decorations,
dated 22 September 1943, 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 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 soldiers 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:
AFPC/DPWC recommends denial. DPWC states the applicants
reconstructed records reflect the applicants aircraft was shot
down and he was an evadee for 8 months. There is no mention of his
capture. The applicant is not listed in the WWII POW database.
There is also no record of the applicant being a POW at the U. S.
National Archives and Records Administration.
The complete DPWC evaluation is at Exhibit C.
AFPC/DPSIDR was able to verify the applicants entitlement to the
European-African-Middle Eastern Campaign Medal with One Bronze
Service Star and the Good Conduct Medal with Two Bronze Stars.
However, they were unable to verify the applicants entitlement to
the PH Medal.
The complete DPSIDR evaluation is at Exhibit D.
__________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 8 July 2011 for review and comment within 30 days
(Exhibit E). As of this date, this office has received no
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 an error or injustice. After a
thorough review of the available evidence and the applicants
complete submission, we find no evidence that his records should
be corrected to show he was awarded the PH and the POW medal.
As such, 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. The applicants honorable
service is noted. Regrettably, we do not find that the
available relief beyond that already granted administratively is
warranted. Therefore in the absence of evidence to the
contrary, we find no basis to recommend any further relief.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and 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-
2010-03383 in Executive Session on 9 August 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-03383:
Exhibit A. DD Form 149, dated 6 Nov 09 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPWC, 18 Nov 10
Exhibit D. Letter, SAF/MRBR, dated 8 Jul 11.
Panel Chair
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