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AF | BCMR | CY2010 | BC-2010-03822
Original file (BC-2010-03822.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03822 

 COUNSEL: 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect the following: 

 

1. He was awarded the Purple Heart (PH). 

 

2. He was awarded the Distinguished Flying Cross (DFC). 

 

3. His Army Serial Number be corrected to reflect “XXXXXXX,” 
rather than “XXXXXXX.” (Will be administratively corrected) 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is entitled to the PH for injuries he sustained in an aircraft 
accident in 1945. 

 

He was told he would receive the DFC and the PH upon completion 
of 53 combat missions. 

 

In support of his request, the applicant provides a personal 
statement, a Department of Veterans Affairs (DVA) VA Form 21-22, Appointment of Veterans Service Office Organization as Claimant’s 
Representative, and various service and DVA records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served as an aerial gunner with the Army Air Force 
from 8 Dec 42 to 5 Oct 45. 

 

The applicant provided a form titled “Army Air Forces 
Redistribution Station No. 1,” dated 5 Jun 45, and under the 
Remarks Section, it states “Presents minor tensional symptoms, 
not beyond normal limits, and a history of recent head injury. 
Concussion (April 1945) with unconsciousness for some minutes.” 

 


The DFC was established by Congress on 2 Jul 26 and is awarded 
for heroism or extraordinary achievement while participating in 
aerial flight. 

 

The PH is awarded to any member of the Armed Forces who, while 
serving under competent authority in any capacity has been 
wounded, killed, or who died or may hereafter die of wounds 
received under any of the following circumstances: 1) In action 
against an enemy of the United States; 2) In action with an 
opposing force of a foreign country in which the United States 
Armed Forces are or have been engaged; 3) 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; 4) As a result of an act of any such enemy or 
opposing armed forces; 5) As the result of an act of any hostile 
foreign force. A wound for which the award is made must have 
required treatment, not merely examination, by a medical officer. 
Additionally, treatment of the wound shall be documented in the 
service member’s medical and/or health record. Award of the PH 
may be made for wounds treated by a medical professional other 
than a medical officer provided a medical officer includes a 
statement in the service member’s medical record the extent of 
the wounds were such they would have required treatment by a 
medical officer if one had been available to treat them. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial of the applicant’s request for 
award of the DFC and PH. 

 

DPSIDR states the applicant’s statement did not provide the date 
the injury occurred or how the injury was sustained. He provided 
no eyewitness statements to corroborate the injury occurred as a 
direct result of enemy action. Additionally, the applicant 
states he was promised the DFC upon completion of flying 
53 combat missions; however, no documentation was provided or 
located in the applicant’s records to substantiate he was 
recommended for the DFC. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 11 Mar 11, a copy of the Air Force evaluation was forwarded to 
the applicant for review and comment within 30 days. To date, a 
response has not been received (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 in judging the merits of 
the case; however we agree with 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. Regarding the applicant’s request for the Purple 
Heart, the evidence provided does not support that his injuries 
meet the PH criteria as stated above. Additionally, we find no 
evidence to support award of the DFC. We note the applicant’s 
assertion he was told he would receive the DFC upon completion of 
53 combat missions; however, no evidence has been presented or 
located in his records to support he was recommended for the DFC. 
While we recognize the applicant’s honorable service to our 
Nation, the evidence provided is insufficient for us to recommend 
granting the PH or DFC. Therefore, aside from the administrative 
correction pertaining to his Army Serial Number, we find no basis 
to recommend granting further relief in this case. 

 

_________________________________________________________________ 

 

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-2010-03822 in Executive Session on 24 May 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 


The following documentary evidence pertaining to Docket Number 
BC-2010-03822 was considered: 

 

 Exhibit A. DD Form 149, dated 4 Oct 10, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 3 Mar 11. 

 Exhibit D. Letter, SAF/MRBR, dated 11 Mar 11. 

 

 

 

 

 Panel Chair 



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