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AF | BCMR | CY2011 | BC-2011-04155
Original file (BC-2011-04155.txt) Auto-classification: Denied
 

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. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He is entitled to the PH Medal for wounds received while on a 
bombing mission over Europe during World War II. His wounds were 
treated in Marsh Field, CA. 

 

In support of his request, the applicant submits an eyewitness 
statement, dated 26 July 2011 and documents extracted from his 
military personnel records. 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty from 6 April 1942 to 
6 December 1945, as a Pilot, Flying Instructor, and Management 
Control Officer. 

 

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 
soldier’s 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. DPSIDR states the PH is awarded 
for wounds or death as result of an act of any opposing armed 
force, as a result of an international terrorist attack or as a 
result of military operations while serving as part of a 
peacekeeping force. 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. 

 

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. If possible, an eyewitness account 
should be provided from individuals who saw the injury and can 
attest to the circumstances surrounding the personal account. 

 

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 member’s leg. 

 

DPSIDR was able to locate medical records in the applicant’s 
military personnel records from 28 August 1945 to 19 March 1951 
that contain references to the applicant’s right leg. WDMD Form 
55A, dated 28 August 1945, describes the injuries to the right 
leg were caused by a crash landing in a B-17 in 1943. In an 
application for pension, dated 21 October 1945, the injury was 
indicated as caused by a crash in 1943, with a stay in the 389th 
Bomb Group Hospital, England, for three days in December 1943. On 
5 December 1948, on a Report of Contact by the Veterans 
Administration, the applicant claimed he received the injury to 
his leg “in combat while flying on a mission.” A Report of 
Physical Examination WD AGO Form 63, not dated, lists the injury 
as due to a crash landing, and enters that the applicant “Denies 
other illnesses, injuries or operations. VA Form 10-2545, dated 
19 March 1951, indicates the injury was incurred “while flying 
over Germany, in July 1945” and notes the applicant was 
hospitalized at the 398th base hospital for one month. 

 

None of the medical records from the base hospital in England 
were present in the applicant’s MPR. 

 

 

 


The evidence is incomplete and frequently contradicts itself. 
The medical records contain both references to a crash landing in 
1943 and a wounding in 1944. The eyewitness statement’s dates 
are not consistent with the rest of the evidence. If the injury 
occurred because of a crash landing in December 1943, there is no 
evidence directly linking the crash to enemy action. If the 
wound occurred during a bombing run in 1944, there is no evidence 
that the wound was treated; the medical evidence supports an 
injury in 1943. Therefore, due to a lack of evidence 
establishing the aircraft crash was combat related, or that the 
1944 injury was ever medically treated, he is not entitled to 
award of the PH. 

 

The DPSIDR complete evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 13 January 2012, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D). As of this date, this office has received no 
response. 

 

_________________________________________________________________ 

 

THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by existing 
law or regulations. 

 

2. The application was timely filed. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or an injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we are not persuaded that he is entitled 
to the Purple Heart. In this respect, we note the applicant’s 
medical records indicate that he injured his right tibia in 
December 1943 in a crash landing in England, ultimately resulting 
in surgery to remove plexi-glass in September 1945. However, we 
find no evidence the crash landing was the direct result of enemy 
action. The applicant’s former crewmember indicates the 
applicant incurred injuries to his leg from enemy flak on 6 June 
1944 (D-Day) while on a bombing mission over enemy-occupied Pas 
de Calais, France; however, his medical records do not contain 
any record of treatment for this injury and his report of 
separation indicates that no wounds were received in action. 
Moreover, although he may have been awarded a medical pension for 
the injuries he received while on active duty, this does not 
establish, in and of itself, that the injuries were incurred as a 
direct result of enemy action or while in action against the 
enemy. We are not unmindful of the personal sacrifice the 
applicant endured for his country during World War; however, 


insufficient documentary evidence has been presented to warrant 
correcting his records to reflect his entitlement to the Purple 
Heart. Should he provide evidence indicating that either the 
1943 crash landing was the direct result of enemy action or that 
he received medical treatment for injuries incurred as a direct 
result on 6 June 1944, we would entertain his request for 
reconsideration of his request. However, in the absence of such, 
he has not met his burden of establishing the existence of an 
error or injustice in his records. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2011-04155 in Executive Session on 7 June 2012, under 
the provisions of AFI 36-2603: 

 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2011-04155 was considered: 

 

 Exhibit A. DD Form 149, dated 29 March 2011. 

 Exhibit B. Applicant’s Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 15 December 2011. 

 Exhibit D. Letter, SAF/MRBR, dated 13 January 2012. 

 

 

 

 

 



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