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
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. 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 members leg.
DPSIDR was able to locate medical records in the applicants
military personnel records from 28 August 1945 to 19 March 1951
that contain references to the applicants 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 applicants 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 statements 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
applicants contentions, we are not persuaded that he is entitled
to the Purple Heart. In this respect, we note the applicants
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 applicants 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. Applicants 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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