Search Decisions

Decision Text

AF | BCMR | CY2012 | BC-2012-04428
Original file (BC-2012-04428.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04428 

 

 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: 

 

The Purple Heart was not awarded to him when he separated. 

 

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

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Air Corps who served 
from 29 July 1943 through 12 December 1945. Item 24, Wounds 
Received in Action, of the WD AGO Form 53-55, Report of 
Separation, issued in conjunction with 12 December 1945 
separation, reflects “None.” 

 

Documentation submitted by the applicant shows he was treated 
for a foot wound on 21 March 1945. The documentation also 
states it was a non-battle injury. 

 

In accordance with Army Regulation (AR) 600-45, Decorations, 
dated 22 September 1943, during the period in question, the PH 
was awarded for wounds received in action against an enemy of 
the United States, or as a direct result of an act of such 
enemy, provided such wound necessitated treatment by a medical 
officer. For the purpose of awarding the PH, a wound was defined 
as an injury to any part of the body from an outside force, 
element, or agent, sustained as the result of a hostile act of 
the enemy, or while in action in the face of the enemy. When a 
person eligible for award of the PH was treated for a wound, the 
commanding officer of the hospital, or the medical officer who 
treated the wound, furnished the commanding officer of the 
wounded person a certificate briefly describing the nature of 
the wound, and certifying the necessity of treatment. In 
addition, a wounded soldier’s unsupported statement could be 


accepted in unusual or extenuating circumstances when, in the 
opinion of the officer making the award, no corroborative 
evidence was obtainable. However, the statement would be 
substantiated if possible. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial. The PH is awarded to members of 
the United States 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 United States or opposing force 
as a result of an act of 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 members medical and/or 
health record. Award of the Purple Heart may be made for wounds 
treated by a medical professional other than a medical officer, 
provided a medical officer includes a statement in the member’s 
medical report that the extent of the wounds were such that they 
would have required medical treatment by a medical officer of 
one had been available to treat them. 

 

The applicant was serving with the 103rd Infantry Division of the 
Army in the European theater during World War II when he was 
wounded on 21 March 1945. He contends he should be awarded the 
PH for injuries he received during a fire fight. He states a 
German machine gun bullet hit the rim of his helmet and 
fragments wounded the back of his left hand. However, medical 
documentation refers to the injury as a non-battle injury. 

 

The Purple Heart Review Board has the authority, on behalf of 
the Secretary of the Air Force, to determine a veteran’s award 
of the Purple Heart. Each request is considered based on the 
policies and criteria in used at the time of the veteran’s 
injury and based on the documentary evidence presented. The 
Purple Heart Review Board considered and denied the applicant’s 
request on 28 January 2013. 

 

The applicant’s injury does not meet the criteria for the award 
of the Purple Heart. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

 

 

 

 

 


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 8 March 2013, 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. After a 
thorough review of the evidence of record and noting the 
applicant’s complete submission and noting the PH criteria in 
effect during the period under review, we are not persuaded that 
his records should be corrected to reflect his entitlement to 
the PH. In this respect, we note the applicant’s Report of 
Separation reflects that he received no wounds in action. In 
addition, the medical evidence submitted in support of his 
request indicates the wound to his foot was a “non-battle” 
injury. Therefore, in the absence of eyewitness statements or 
additional medical documentation to confirm that he was injured 
as a direct result of enemy action or while engaged in action 
against the enemy, we find no basis upon which to recommend 
favorable consideration of the applicant’s request. 

 

________________________________________________________________ 

 

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-2012-04428 in Executive Session on 29 May 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-04428 was considered: 

 

 Exhibit A. DD Form 149, dated 15 May 12, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13. 

 

 

 

 

 

 Panel Chair 



Similar Decisions

  • AF | BCMR | CY2013 | BC-2013-00214

    Original file (BC-2013-00214.txt) Auto-classification: Denied

    The applicant's request was not submitted to the Purple Heart Review Board as there is insufficient documentation to substantiate the former member received an injury caused by enemy action and also received treatment by a medical officer. 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 that there is insufficient evidence in the former member’s...

  • AF | BCMR | CY2013 | BC-2012-05293

    Original file (BC-2012-05293.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05293 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). This could result in an injustice to the applicant if the Purple Heart Review Board made a decision without allowing the applicant an opportunity to provide the missing documentation. Based on their...

  • AF | BCMR | CY2013 | BC-2013-00228

    Original file (BC-2013-00228.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00228 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His father be awarded the Purple Heart (PH). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-00228 in Executive Session on 7 Nov 2013, under the provisions of...

  • AF | BCMR | CY2014 | BC 2014 01096

    Original file (BC 2014 01096.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. There is no provided evidence that the decedent was awarded the PH, or he received medical documentation substantiating an injury that required medical treatment. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the...

  • AF | BCMR | CY2014 | BC 2014 02375

    Original file (BC 2014 02375.txt) Auto-classification: Denied

    The available records provided by the applicant indicate the following. The applicant’s request was not boarded by the Purple Heart Review Board as it does not contain a detailed personal account, supporting eyewitness statements or medical documentation showing an injury incurred by enemy action. After a thorough review of the applicant’s limited official military personnel record, they were able to verify award of the European African Middle Eastern Campaign Medal, the World War...

  • AF | BCMR | CY2013 | BC-2013-00650

    Original file (BC-2013-00650.txt) Auto-classification: Denied

    The Purple Heart Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s eligibility for award of the PH based on the policy and criteria in use at the time of the veteran’s injury. On 23 Sep 2013, the Purple Heart Review Board disapproved the applicant’s request as the deceased member signed a sworn affidavit in 1945 that there were no wounds received while a POW. ________________________________________________________________ The following...

  • AF | BCMR | CY2013 | BC 2013 03723

    Original file (BC 2013 03723.txt) Auto-classification: Approved

    The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the Distinguished Flying Cross and the Purple Heart medal. After a thorough review of the applicant's official military personnel record, no documentation was found to verify award of the Purple Heart Medal. THE BOARD RECOMMENDS THAT: The pertinent...

  • AF | BCMR | CY2013 | BC-2012-02887

    Original file (BC-2012-02887.pdf) Auto-classification: Denied

    Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. On 21 December 2012, the PH Review Board considered and denied the applicant’s request for award of the PH w/1OLC. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we find that he has not met his burden of proving that he should be entitled to an additional PH for injuries...

  • AF | BCMR | CY2011 | BC-2011-04155

    Original file (BC-2011-04155.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04155 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. The applicant provided as evidence an eyewitness statement, which gives the date of the injury as 6 June 1944, and the site of the injuries as the former service member’s leg. ...

  • AF | BCMR | CY2013 | BC 2013 01818

    Original file (BC 2013 01818.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01812 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her husband be awarded the Purple Heart (PH). There is no evidence the deceased member suffered a wound through enemy contact or any medical evidence of a wound. Upon the final decision of the Board, DPSID will administratively correct the...