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 applicants 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 applicants 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 applicants 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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