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AF | BCMR | CY2012 | BC-2012-05227
Original file (BC-2012-05227.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05227

		COUNSEL:  NONE

		HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH). 

________________________________________________________________

APPLICANT CONTENDS THAT:

One night in October 1953 his flight was on a mission over China 
when they came under attack.  Flak struck the number 2 engine 
and caused it to explode.  He lost two teeth, suffered a large 
cut on his neck and had a headache for days afterwards.  The 
dentist was able to replace one tooth but the other was lost.  

His Captain said he would receive a Purple Heart but he never 
did.  He thought there would never be a chance to remedy this 
until his grandson, a U.S. Army Captain, told him otherwise.  
His full record was lost in the 1973 fire at the National 
Personnel Records Center (NPRC).  

In support of his request, the applicant submits a letter from 
NPRC and copies of his health and dental records.  

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records were located in the 
area most heavily damaged in the fire at the National Personnel 
Records Center (NPRC) in 1973.  

The applicant is a former member of the Regular Air Force who 
was honorably discharged in the grade of First Lieutenant on 
9 May 1961.  

______________________________________________________________




AIR FORCE EVALUATION:

1.  AFPC/DPSID recommends denial.  DPSID states there is no 
special order, recommendation, or a certificate in the 
applicant's personnel records indicating he was recommended for 
or awarded the Purple Heart.  Furthermore, there is insufficient 
documentation verifying the applicant received a wound as a 
result of enemy action and received medical treatment.  

2.  The Purple Heart 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 
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 member's 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 service member's  
medical record that the extent of the wounds were such that they 
would have required treatment by a medical officer if one had 
been available to treat them.  

The complete AFPC/DPSID evaluation, with attachments, is at 
exhibit C. 

______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force Evaluation was forwarded to the 
applicant on 24 February 2013 for review and comment within 
30 days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

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 that there is 
insufficient evidence in the applicant’s record verifying he 
received a wound as a result of enemy action, received medical 
treatment, and was recommended for award of the Purple Heart.  
Therefore, in the absence of such evidence, we find no basis to 
recommend granting the relief sought in this application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on, 22 August 2013 under the provisions of 
AFI 36-2603:

			, Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number BC-2012-05227:

    Exhibit A.  DD Form 149 dated 22 Oct 2012, w/atchs.
    Exhibit B.  Applicant’s Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 11 Feb 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 2013. 




                                   
                                   Chair

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