RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02024
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His deceased fathers record be corrected to show he was awarded
the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is looking for documentation to show the location and date
his father was injured during World War II in order to enter his
name into the PH museum in Newburgh, New York.
In support of his request, the applicant provides copies of his
fathers DD Form 214, Armed Forces of the United States Report
of Transfer or Discharge; National Archives and Records
Administration Form 13059, Transmittal of and/or Entitlement to
Awards; certificate of retirement, death certificate, marriage
certificate and a general power of attorney.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 November 1942, the former member enlisted in the Regular
Army. On 29 December 1945, he was demobilized. He served
3 years, 1 month and 20 days of total active service.
On 24 September 1948, he enlisted in the Regular Army. On
25 June 1952, he was discharged with an honorable discharge for
the convenience of the government (COG). He served three years,
nine months and two days of total active service.
The former member served a total of 6 years, 10 months and 22
days of total active service in the Army.
On 20 January 1953, the former member enlisted in the Regular
Air Force. On 30 September 1966, he was discharged with an
honorable discharge. He served 20 years, 7 months and 3 days of
total active service between the Army and Air Force.
The PH is awarded for wounds received as a direct result of
enemy actions (i.e., 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
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 aircraft member in a passenger
status as a result of the aircrafts evasive measures against
hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states they were unable
to locate any official medical documentation verifying the
applicant was ever recommended for or awarded the PH, nor were
they able to locate any official documentation verifying the
applicant received an injury by direct result of enemy action
during World War II (WWII).
DPSIDRA notes that according to the VA Form 21-526, Veterans
Application for Compensation or Pension, box 19 shows the only
sickness, disease, or injury claimed by the applicants
deceased father was a strep infection and an ulcer operation
The complete DPSIDRA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states no records indicating his deceased fathers
unit, company, date of arrival into the conflict or departure
from the WWII conflict seemed to have been found. He knows his
father was sent to England after the injuries connected to WWII.
The applicant wants to have the documentation or information
regarding his fathers time spent in the European theater with
the US Army in 1944-45, as well as, an explanation as to why he
received a 10 percent disability.
The applicants complete response is at Exhibit E.
_________________________________________________________________
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 it insufficient to conclude the
deceased member was injured as 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. The applicant also
requests documentation reflecting the location and date his
deceased father was injured during World War II. Unfortunately,
the Board is not the custodian of your fathers master military
personnel records. You may obtain a copy by submission of a
written request to the National Personnel Records Center,
1 Archives Drive, Saint Louis, Missouri 63138. While we
appreciate and honor the deceased members service to his
country, in the absence of evidence substantiating that his
deceased father 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-2010-02024 in Executive Session on 3 November 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2011-02024 was considered:
Exhibit A. DD Form 149, dated 25 May 2011, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. HQ AFPC/DPSIDRA, Letter, dated 25 August 2011.
Exhibit D. SAF/MRBR, Letter, dated 16 September 2011.
Exhibit E. Applicants Rebuttal, Letter, dated 25 September
2011.
Panel Chair
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