RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02748
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His fathers records be corrected to reflect he was awarded the
Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
His father received a wound due to shrapnel during World War II.
He had metal pieces embedded in his leg throughout his life and
he never received a Purple Heart for his injury.
In support of this appeal, the applicant provides a personal
statement, a newspaper article, a copy of the service members
death certificate and DD Form 214, Enlisted Record and Report of
Separation Honorable Discharge and other supporting
documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The decedent is a former member of the Army Air Corps who served
on active duty from 3 April 1941 to 8 September 1945 as a truck
driver. Data extracted from the decedents record indicate he
was injured while in compound training in an unarmed combat
company area. He was treated with a compressed bandage. Other
records indicate the service members overseas duty with the 41st
Division existed under primitive, tropical conditions during the
early fighting stages in New Guinea. Additionally, notes from a
VA examination reveal the actual combat that he had was not
important because most of his time was spent waiting and
training and fighting the various tropical illnesses.
In accordance with Army Regulation (AR) 600-45, Decorations,
dated 22 September 1943, 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.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. The applicant does not provide a
detailed account of the incident that resulted in the alleged
wounding, nor does he provide witness statements. A thorough
examination of the former members records from the time of his
alleged wounding does not indicate the referenced wound.
Additionally, in an examination by the Veterans Administration
in October 1946, the decedent denied residuals of gunshot wounds
or other injuries.
The complete DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 16 September 2011, for review and comment within
30 days. As of this date, no response has been received by this
office (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 a
thorough review of the evidence of record and noting the
applicants complete submission, we are not persuaded the former
members records should be corrected to reflect his entitlement
to the PH. In this respect, we note that 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. The evidence before us indicates the
former member was injured while in compound training in an
unarmed combat company area and the applicant provides no
explanation as to the circumstances surrounding how the wound
was incurred. Moreover, Item 34, Wounds Received in Action, of
the former members Enlisted Record and Report of Separation,
reflects None. While the newspaper articles submitted in
support of this request are noted, they do not indicate the
former member was injured either as a direct result of enemy
action or while engaged in action against the enemy, simply that
he was recovering from a leg wound. Therefore, in the absence
of evidence to indicate the former members wound meets the
eligibility requirements for the PH, we find no basis upon which
to recommend favorable consideration of the applicants request.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; 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 BCMR Docket Number
BC-2011-02748 in Executive Session on 14 February 2012, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 2 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
AF | BCMR | CY2008 | BC-2007-01984
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01984 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect entitlement to the Purple Heart (PH). In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 Sep 43, during the period in question, the PH was awarded for wounds received in...
AF | BCMR | CY2011 | BC-2011-02388
A detailed personal account of the circumstances surrounding the injury is required to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. DPSIDR states they were unable to locate medical documentation in the applicants military personnel file that supports a claim of an injury he sustained in Vietnam. He also states he cannot recall the exact day of the attack that occurred at Ton Son Nhut Air Base, Republic...
AF | BCMR | CY2010 | BC-2010-03692
The DPSIDR complete evaluation is at Exhibit B. After a thorough review of the available evidence and applicants complete submission, we find no evidence that his records should be corrected to show he was awarded the PH. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-03692 in Executive Session on 7 Apr 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following...
AF | BCMR | CY2011 | BC-2011-03812
The applicant does not provide medical documentation or any eye witness statements verifying that his injury was a result of combat action with the enemy. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance;...
AF | BCMR | CY2012 | BC-2012-04428
In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, 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. Additionally, treatment of the wound shall be documented in the members medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical...
AF | BCMR | CY2008 | BC 2008 00125
The DPSIDR complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 April 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). After a thorough review of the available evidence and the applicants complete submission, we find no evidence which would lead us to believe the applicant incurred an injury as a direct result of enemy action as required...
AF | BCMR | CY2012 | BC-2012-01996
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-01996 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His deceased fathers records be corrected to reflect he was awarded the Purple Heart (PH) Medal and the Bronze Star Medal (BSM). After careful consideration of applicant's request and the available evidence of record, we do not find the documentation...
AF | BCMR | CY2011 | BC-2011-04155
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04155 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. The applicant provided as evidence an eyewitness statement, which gives the date of the injury as 6 June 1944, and the site of the injuries as the former service members leg. ...
AF | BCMR | CY2009 | BC-2008-01937
On 15 Nov 02, his records were administratively corrected to reflect award of the AM and his separation date on his DD Form 214, Certificate of Release or Discharge from Active Duty, was corrected to reflect a separation date of 31 Oct 45. In accordance with Army regulations (AR) 600-45, Decorations, dated 22 Sep 43, 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...
AF | BCMR | CY2011 | BC-2011-04682
An undated medical note provided by the applicant reflects he has a discharge from his left ear and left ear drum scarring. The applicants WD AGO Form 100, Separation Qualification Records, reflects that his left ear drum was moderately scarred, but does not indicate that said injury was the result of enemy action. When his ear drum was ruptured by an enemy shell bursting near him, he was examined by a medic who made the determination that he was not injured as badly as others and left...