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Decision Text

AF | BCMR | CY2011 | BC-2011-04907
Original file (BC-2011-04907.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04907 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect he was awarded the Purple 
Heart (PH) Medal. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should be awarded the PH Medal for injuries he received after 
his plane was shot down by enemy fire. After he bailed out he 
landed in a circle of German and Hungarian soldiers and was taken 
to Nuremburg by the Germans. 

 

In support of his appeal, the applicant provides an expanded 
statement. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records were apparently 
located in the area most heavily damaged in the fire at the 
National Personnel Records Center in 1973. The applicant was 
asked to provide copies of any records in his possession for use 
in evaluating his case; however, as of this date, the applicant 
has not responded. Therefore, the facts and circumstances 
pertaining to the applicant’s service could not be verified. 

 

The PH Medal 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 result of enemy actions. In addition, it is 
necessary 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 remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of the 
Air Force, which is attached at Exhibit B. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial noting after a complete review 
of the applicant's case, there has been no official documentation 
located or provided to support award of the PH Medal or to verify 
his POW status. 

 

The complete AFPC/DPSIDR evaluation is at Exhibit B. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 12 Apr 12 for review and comment within 30 days (Exhibit C). 
As of this date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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 an error or an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice. 
While it appears the applicant’s records were destroyed by fire 
in 1973 at the NPRC, the burden of proof of an error or injustice 
rests with the applicant. Unfortunately, the evidence he has 
provided is insufficient for us to recommend approval of his 
request. Therefore, in the absence of evidence to the contrary, 
we find no basis to recommend granting the requested relief. 

 

_________________________________________________________________ 

 


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-2011-04907 in Executive Session on 12 Jul 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Forms 149, dated 24 May 11 & 13 Jan 12, 

 w/atch. 

 Exhibit B. Letter, AFPC/DPSIDR, dated 28 Mar 12. 

 Exhibit C. Letter, SAF/MRBR, dated 12 Apr 12. 

 

 

 

 

 

 Panel Chair 



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