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 crews 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 crews
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
members 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 members 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 applicants 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 applicants
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 applicants
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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