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 applicants 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 soldiers 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 members
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 veterans award
of the Purple Heart. Each request is considered based on the
policies and criteria in used at the time of the veterans
injury and based on the documentary evidence presented. The
Purple Heart Review Board considered and denied the applicants
request on 28 January 2013.
The applicants 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
applicants 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 applicants 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 applicants 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
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