RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-05131
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show that he was awarded
the Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
He has shrapnel in his right knee from flying 61 combat missions
in World War II (WWII). He didnt know the shrapnel was in his
knee until his doctor discovered it during surgery in Jun 05.
In support of his request, the applicant provides a copy of a
letter from his doctor, an article about his wartime
experiences, and excerpts from his official military records.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant initially entered active duty on 28 Feb 43 and
participated in aerial campaigns at Normandy, Northern France,
the Rhineland, Central Europe, and the Ardennes.
He was discharged on 3 Dec 45. At the time of his discharge, he
was furnished a WD AGO Form 53-96, Military Record and Report of
Separation Certification of Service, stating he received no
wounds in action.
Army policy at the time (AR 600-45, dated 22 Sep 43) stated the
PH Medal was awarded to members who were wounded in action
against an enemy of the United States and defined a wound as an
injury to any part of the body from an outside force, element,
or agent sustained as a result of a hostile act of the enemy.
Today, the PH Medal is awarded to members of the United States
Armed Forces who have been wounded, killed, or who have died or
hereafter die of wounds in action against an enemy of the United
States 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 a 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 and/or health
records. Award of the PH Medal 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 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
described in the letter prepared by the Air Force office of
primary responsibility which is included at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial, indicating there is no evidence of
an error or injustice. The Purple Heart Review Board (PHRB)
reviewed the applicants request IAW AFI 36-2803, The Air Force
Awards and Decorations Program, and disapproved award of the PH
Medal to the applicant. Although the applicant provided a
statement from his doctor verifying he had discovered a tiny
piece of shrapnel in the applicants knee in 2005, given the
number of years which have passed since WWII, it cannot be
verified the shrapnel was related to enemy action. DPSID was
unable to locate any official medical documentation within the
applicants official Military Personnel Records or medical
records substantiating the applicant received and/or was treated
for a shrapnel wound while serving in WWII, nor has the
applicant provided any such documentation to support his claim.
The applicants injury does not meet the criteria for award of
the PH Medal.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 28 Aug 12 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, we agree with the opinion and 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. The personal
sacrifice the applicant endured for his country is noted and the
recommendation to deny the requested relief in no way diminishes
the high regard we have for his outstanding service. However,
in the absence of any evidence to indicate that his purported
injury was sustained due to enemy action, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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-2011-05131 in Executive Session on 20 Nov 12, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Dec 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 6 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.
Panel Chair
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