RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00025
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was shot down and when he bailed out, he injured his left
knee.
He was captured and held a prisoner of war (POW); and was forced
to march from Nuremberg to Mooseburg.
He was evaluated by the Department of Veterans Affairs (DVA) and
was awarded 40 percent disability for his left knee and a
combined disability rating of 80 percent.
In support of his request, the applicant provides copies of her
fathers WD AGO Form 53-98, Military Record and Report of
Separation Certificate of Service, documents from her fathers
military personnel records, and a letter from the DVA.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Aug 44, the member was inducted in the Army Air Corps and
entered active duty.
On 11 Nov 45, he was honorably discharged for convenience of the
government, after having served a total of 1 year, 2 months, and
20 days, with 6 months and 18 days being Foreign Service.
The PH is awarded for wounds received as a direct result of enemy
actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bailout injuries, etc.). In addition, it
is necessary that 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 as a result
of the aircrafts evasive measures against hostile fire.
AFPC/DPSIDR verified the applicants entitlement to the Prisoner
of War (POW) medal, the World War II Victory Medal (WWIIVM), The
American Campaign Medal (ACM), and the European African Middle
Eastern Campaign Medal with two Bronze Service Stars (EAMECM w/2
BSS) and will administratively correct his records to reflect
these awards.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states no official medical
documentation, detailed personal account, and or eyewitness
statements were provided with the request; therefore, they must
recommend disapproval of the applicants request for the PH.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 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 C).
_________________________________________________________________
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
thoroughly reviewing the evidence of record, we are not persuaded
the requested relief should be granted. The applicants
contentions are duly noted; however, without documentation to
substantiate the members injury was the direct result of enemy
action, we are unable to verify his entitlement to the Purple
Heart. The applicants personal sacrifice and unselfish service
to his country is noted and our decision in no way lessens our
regard for his service; however, documentary evidence presented
does not meet the criteria for award of the Purple Heart. We
note that AFPC/DPSIDR has verified the applicants entitlement to
the POW medal, WWIIVM, ACM, and the EAMECM w/2 BSS and will
update his records to reflect these awards. Therefore, in the
absence of evidence to the contrary, we agree with the opinion
and recommendation of the Air Force office of primary
responsibility and 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-2011-00025 in Executive Session on 9 Jun 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 14 Mar 11.
Exhibit C. Letter, SAF/MRBR, dated 25 Mar 11.
Panel Chair
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