RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03228
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He received a gunshot injury on 22 Jun 44; during the attack,
his aircraft was shot down. His wound was treated in Germany,
so no military medical records are available. He still bears
the scars for his wounds today.
In support of his appeal, the applicant provides copies of
letters of inquiry with the National Personnel Record Center
(NPRC); extracts of his reconstructed records; his WG ADO 53-55, Enlisted Record and Report of Separation, issued in conjunction
with his 9 Nov 45 discharge.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Air Forces, on 17 Apr 43, he
was progressively promoted to the grade of staff sergeant
E-5/SSgt. During this period, he served as an airplane armorer
gunner; he completed combat missions and participated in the
Northern France, Normandy, Ardennes, Rhineland, and Air
Offensive Europe campaigns. He was honorably discharged from
active duty on 9 Nov 45.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, stating, in part, that they were
unable to locate any evidence concerning a wound.
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 bail out injuries, etc.). In
addition, it is necessary the wounds required or received
treatment by medical personnel. Indirect injuries do not meet
the criteria for the 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.
DPSIDR was unable to locate and the applicant did not provide, a
certificate or special order for the PH. He did not provide a
detailed statement describing the circumstances concerning his
injury. While there appear to be several statements in the
application, they are all second hand knowledge. There are no
eyewitness statements available as the remainder of the crew is
deceased.
There are medical interviews in his records where he mentioned
his injury, and some of the circumstances concerning it, but
nothing in the immediate post war period from 1945 to 1948. He
had medical complaints during this period, but nothing
concerning the injury as he now describes it. They were unable
to locate medical records describing the scar or any mention of
a wound. In addition, the applicant signed his WD AGO Form 53-
55, even though the section for wounds (block 34) indicated that
he did not receive any wounds during his active service.
The complete AFPC/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 9 Dec 11 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. We took notice
of the applicant's complete submission and the available
evidence of record in judging the merits of the case; however,
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 applicant has not been the
victim of an error or injustice. We are not unmindful or
unappreciative of his service to his Nation. Should the
applicant provide additional documentation to substantiate his
claim, we would be inclined to reconsider his petition. In view
of the above and in the absence of persuasive 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 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 AFBCMR Docket
Number BC-2011-03228 in Executive Session on 31 May 2012, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 21 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
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