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).
________________________________________________________________
APPLICANT CONTENDS THAT:
Her husband was a Prisoner of War (POW) in both the Philippines
and Japan from Apr 1942 to Sep 1945.
In support of the request, the applicant provides copies of her
husbands War Department Army General Order (WD-AGO) Form
53-55, Enlisted Record and Report of Separation, Honorable
Discharge; WD-AGO Form 100, Army of the United States Separation
Qualification Record and death certificate.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The deceased member served in the Army Air Corps during World
War II from 22 Sep 1939 to 8 Apr 1946.
His WD-AGO Form 100 shows he was a POW in both the Philippines
and Japan for 41 months from Apr 1942 to Sep 1945.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. After a thorough review of the
deceased members military personnel records, DPSID was unable
to verify award of the PH. 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 any such enemy or opposing armed force, an
international terrorist attack or during military operations
while serving as part of a peace keeping 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
record. Award of the PH 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 that they
would have required treatment by a medical officer if one had
been available to treat them. There is no evidence the deceased
member suffered a wound through enemy contact or any medical
evidence of a wound. It appears through the wording of the next
of kins request that she believes the PH was awarded for being
a POW but this is not the case. Upon the final decision of the
Board, DPSID will administratively correct the applicants
records to show award of the POW medal.
The complete 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 5 Aug 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. 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 that the applicant has
failed to sustain her burden of proof that her husbands records
should be corrected to reflect award of the PH. We are not
unmindful or unappreciative of her husbands service to his
Nation. Should the applicant secure supporting documentation,
we would be willing to reconsider her application. In view of
the above and in the absence of persuasive evidence to the
contrary, we find no basis to recommend favorable consideration
of 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: 1) if the
applicant complies with the fourth sentence in the section
immediately above; or 2) upon the submission of newly discovered
relevant evidence not considered with this application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01812 in Executive Session on 30 Jan 2014, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 2012, w/atchs.
Exhibit B. Available Military Service Records.
Exhibit C. Letter, AFPC/DPSID, dated 1 Jul 2013, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 2013.
Panel Chair
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