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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).

________________________________________________________________

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 
husband’s 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 applicant’s 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 member’s 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 member’s 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 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. 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 kin’s 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 applicant’s 
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 husband’s records 
should be corrected to reflect award of the PH.  We are not 
unmindful or unappreciative of her husband’s 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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