RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03989
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His brother be posthumously awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
When his brothers B-17 plane was shot down and crashed in the
North Sea, he sustained injuries to both legs as he propelled
through the plywood wall of the radio room. Twelve hours later,
the crew was picked up by a German patrol boat and became
Prisoners of War (POW).
In support of his request, the applicant provides a detailed
account of a story as was told to him by his now deceased
brother, an article detailing the events of 6 March 1943, copy of
his brothers WD AGO Form 53-55, Enlisted Record and Report of
Separation Honorable Discharge, and a copy of his death
certificate.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member enlisted in the Air Corp on 3 February 1942.
He was discharged with an honorable discharge on 5 October 1945.
He had 3 years, 7 months and 3 days of total active service.
His WD AGO Form 53-55 reflects award of the European, African,
Middle Eastern (EAME) Campaign Medal with six bronze stars. The
National Personnel Records Center (NPRC) was able to verify the
former members entitlement to the POW Medal.
The PH is awarded for wounds received as a direct result of
enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand
combat wounds, forced aircraft bailout injuries, etc). In
addition, it is necessary that the wound required or received
documented 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 as a result of the aircrafts evasive measures
against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant did
not provide, nor were they able to locate any medical
documentation to verify medical treatment was received for an
injury or a statement from a medical officer attesting that an
examination revealed that an injury of that type incurred would
or should have received medical treatment.
The complete 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 22 April 2011 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. 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 injustice. While
we appreciate and honor the deceased members service to his
country, in the absence of evidence substantiating that he was
injured as a direct result of enemy action, 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-2010-03989 in Executive Session on 24 May 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 October 2010, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. HQ AFPC/DPSIDR, Letter, dated 8 April 2011.
Exhibit D. SAF/MRBR, Letter, 22 April 2011.
Panel Chair
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