RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02381
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He received enemy-related injuries as a result of a parachute
evacuation from his aircraft during a bombing mission. The pilot
was justifiably more focused on getting the crew from a hostile
environment to safety rather than documenting award entitlements.
First aid was administered to his face and knee at the crew
recovery site; however, he did not see a doctor until reaching
Kunming, China, some 33 days later.
In support of his appeal, the applicant provides copies of War
Department correspondence, copies of an interview from the
aircraft pilot, discharge documents, documents provided by the
National Personnel Records Center (NPRC), and documents from the
Army Review Boards Agency as a result of his appeal.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Army Air Corps who served
on active duty from 10 April 1943 to 10 January 1946. He served
as an aerial gunner and was progressively promoted to the grade
of staff sergeant. He served 2 years, 10 months, and 13 days on
active duty with 10 months and 18 days of Foreign Service.
In accordance with Army Regulation (AR) 600-45, Decorations,
during the period in question, the PH was awarded for wounds
received in action against an enemy of the United States, or as a
direct result of an act of such enemy, provided such wound
necessitated treatment by a medical officer. For the purpose of
awarding the PH, a wound was defined as an injury to any part of
the body from an outside force, element, or agent, sustained as
the result of a hostile act of the enemy, or while in action in
the face of the enemy. When a person eligible for award of the
PH was treated for a wound, the commanding officer of the
hospital, or the medical officer who treated the wound, furnished
the commanding officer of the wounded person a certificate
briefly describing the nature of the wound, and certifying the
necessity of treatment. In addition, a wounded soldiers
unsupported statement could be accepted in unusual or extenuating
circumstances when, in the opinion of the officer making the
award, no corroborative evidence was obtainable. However, the
statement would be substantiated if possible.
The applicants records were destroyed in the 1973 fire at the
NPRC. A reconstructed file was created by NPRC but contains
minimal documentation.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states the PH is awarded
for wounds received as a direct result of enemy actions, (i.e.,
gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bailout injuries, etc.). In addition, it is necessary
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 or in a passenger status because of the aircrafts evasive
measures against hostile fire, or for Post Traumatic Stress
Disorder.
DPSIDRA indicates that the applicant has not provided a detailed
personal account, medical documentation verifying he received a
wound as a direct result of enemy action that required medical
treatment, and eye witness statement(s) to help support his
claim. He has provided War Department memoranda to his family
concerning his missing-in-action status over China on 12 July
1945; however, this documentation does not confirm that he
received an injury as a direct result of enemy action that
required and received medical treatment.
The complete DPSIDRA evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He does not have evidence, in the form of records, to submit as
he believes his records were destroyed in the 1973 fire at the
National Personnel Records Center in St. Louis, MO. He indicates
that he can only provide a personal account of the injuries he
sustained as a result of the forced bailout of his aircraft. He
also contends that witness statements to support his claim are
not possible as he cannot locate any of his crew members and he
believes he may be the only surviving member of the incident.
The applicants complete rebuttal is at 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. After
thoroughly reviewing the evidence of record and noting the
applicants contentions, we are not persuaded that he has met his
burden of establishing that his records should be corrected to
reflect his entitlement to the Purple Heart. While it is
unfortunate the applicants records were destroyed by fire at the
NPRC in 1973 and the remaining crewmembers have since passed
away, it is still the applicants burden to provide evidence of
error or injustice. We note that although the applicant contends
that he received enemy-related injuries as a result of a forced
bailout and that he received first aid for his facial and knee
injuries, he does not indicate they were incurred as a direct
result of enemy action nor does he provide a detailed explanation
of the circumstances surrounding how the injuries were incurred.
The interview of the aircraft pilot is noted; however, it does
not indicate the applicant, or any crewmember, was wounded as a
direct result of enemy action. Moreover, we find no medical
evidence that he ever received treatment for wounds, incurred as
a direct result of enemy action or while engaged in action
against the enemy. To the contrary, Item 34, Wounds Received in
Action, of his Record of Service, reflects No. In view of this
record and absent evidence to the contrary, 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 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 AFBCMR Docket
Number BC-2011-02381 in Executive Session on 2 February 2012 and
9 February 2012, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered for AFBCMR
Docket Number BC-2011-02381:
Exhibit A. DD Form 149, dated 15 Mar 11, w/atchs.
Exhibit B. Letter, AFPC/DPSIDRA, dated 25 Oct 11.
Exhibit C. Letter, SAF/MRBR, dated 10 Nov 11.
Exhibit D. Letter, Applicant, dated 7 Dec 11.
Panel Chair
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