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 Claimants
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 members 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 members 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 applicants request for
award of the DFC and PH.
DPSIDR states the applicants 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 applicants 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 applicants 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 applicants 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 applicants
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 applicants 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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