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AF | BCMR | CY2011 | BC-2011-04198
Original file (BC-2011-04198.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04198 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH). 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He received a shrapnel wound to the hand on 20 Feb 1945 while 
aboard an aircraft over Nuremberg, Germany. 

 

He enlisted in the Air Force on 2 Nov 1944. On 20 May 1944, he 
was commissioned as a second lieutenant (2Lt) and was assigned 
to a flying crew as a bombardier. He arrived in England and 
flew his first mission on 20 Sep 1944. 

 

On his 32nd mission, in Feb 1945, his crew’s target was 
Nuremberg, Germany and they encountered heavy flax. An anti-
aircraft shell burst in front of his plane which caused a piece 
of the shell to come through the nose of the aircraft and strike 
a hard blow into his flax suit, throwing him backward. He 
realized he sustained an injury to his hand and was bleeding 
from the shrapnel wound. His hand was wrapped in gauze bandages 
to stop the bleeding, however, he continued with the mission. 

 

After returning to the airfield in England, he decided not to 
report this incident. His ability to land a plane was an asset 
to the crew and if he were grounded it would impair the crew’s 
goal of completing their tour of 35 missions with no fatalities. 
On 24 Feb 1945, his tour ended with his 35th mission. 

 

He received the Air Medal with five Oak Leaf Clusters and 
qualifies for the PH for the wound he received from enemy 
shrapnel. 

 

In support of his request, the applicant provides a personal 
statement, copies of his Combat Sorties, his separation orders, 
and letters from the Disabled American Veterans National Service 
Office and the Department of Veterans Affairs (DVA). 

 

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

 


________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty from 2 Nov 1942 to 30 Apr 
1944 and from 31 Apr 1944 through 6 Jul 1945. On 8 Aug 1945 he 
was discharge from the Army Air Forces by reason of "physical 
disqualification." 

 

The PH is awarded to members of the US Armed Forces who have 
been wounded, killed or who have died or may hereafter die of 
wounds received in action against an enemy of the US or opposing 
force as a result of an act of any such enemy or opposing armed 
force, an international terrorist attack or during military 
operations while serving as part of a peacekeeping force. A 
wound for which the award is made must have required treatment, 
not merely examination, by a medical officer. Additionally, 
treatment of the wound shall be documented in the Service 
member’s medical or health record. Award of the PH may be made 
for wounds treated by a medical professional other than a 
medical officer, provided a medical officer includes a statement 
in the Service member’s medical record that the extent of the 
wounds were such that they would have required treatment by a 
medical officer if one had been available to treat them. 

 

The remaining relevant facts pertaining to this application are 
contained in the evaluation prepared by the appropriate office 
of the Air Force at Exhibit C. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial. DPSIDR states, 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 an abbreviated account of the 
circumstances surrounding the incident, but did not provide 
eyewitness statements or medical records. He provided a copy of 
his discharge paperwork indicating on 6 Jul 1945 he was 
discharged for physical incapacitation. He also provided an 
undated document indicating he intended to claim service for 
injury to his hand. 

 

There was no medical documentation provided or located in the 
applicant's records and no indication that the physical 
incapacitation was related to his hand injury. The injury was 


not evaluated. Consequently, there is no medical evidence 
substantiating a wound. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

On 9 Feb 2012, the applicant requested additional time to 
provide supplementary evidence in support of in his request and 
his application was administratively closed. On 26 Apr 2012 the 
applicant, through his congressman requested his application be 
reopened and included various other documents associated with 
his request. 

 

The applicant’s complete response, with attachments, is at 
Exhibit G. 

 

________________________________________________________________ 

 

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 the applicant’s 
response to the Air Force evaluation, we are not persuaded the 
requested relief should be granted. Therefore we agree with the 
opinion and recommendation of the Air Force office of primary 
responsibility and adopt its rationale that the applicant has 
not been the victim of an error or injustice. The applicant’s 
personal sacrifice and unselfish service to his country is noted 
and our decision in no way lessens our regard for his service. 
However, without documentation to substantiate his injury was 
the direct result of enemy action, we are unable to verify his 
entitlement to the Purple Heart. In the absence of 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 
that 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 this application 
in Executive Session on 5 Nov 2012, under the provisions of AFI 
36-2603: 

 

 , Panel Chair 

, Member 

 , Member 

 

The following documentary evidence was considered in AFBCMR BC-
2011-04198: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 21 Oct 2011, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIDR dated 13 Jan 2012. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Jan 2012. 

 Exhibit E. Letter, Applicant, dated 9 Feb 2012. 

 Exhibit F. Letter, AFBCMR, dated 2 Apr 2012. 

 Exhibit G. Letter, Applicant's Congressman, dated 27 Apr 2012, 

 w/atchs. 

 

 

 

 

 

 Panel Chair 

 

 



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