RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01822
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
In 1944, while serving in the United States Army Air Corp, he
was in a war zone in Italy and was injured in an automobile
accident.
In support of his request, the applicant provides a copy of his
DD Form 149, Application for Correction of Military Record under
the Provisions of Title 10, U.S. Code, Section 1552.
His complete submission, with attachment, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant served as a Combat Infantry Badge Driver while
assigned to the 88th Infantry Division, 349th Infantry Company H.,
Italy, during World War II. He received an honorable discharge
on 31 Oct 45.
On 23 Sep 13, the Purple Heart Review Board (PHRB) considered
the applicants request to be awarded the PH; however, his
request was denied.
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 stating the applicants injury does
not meet the criteria for award of the PH. In this respect, the
applicant was driving a jeep that collided with another car
causing injury to his lower lip and loss of teeth. Based on a
review of his records and in view of the PHRBs disapproval
since the injury was not the result of enemy action, they cannot
support this request.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He realizes that he was not injured from enemy action, but while
serving in a hostile area and driving in a hostile environment
he was in the automobile accident. He is 100 percent disabled
and all his medical records are in the Veterans Administration
(VA) health care system. His records were destroyed in a fire.
He trusts that his word is accepted and that the military will
correct this oversight.
The applicants complete submission is at Exhibit E.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the available evidence and applicants
complete submission, we find no evidence that the applicants
records should be corrected to show he was awarded the PH.
While we note he was injured while driving in a hostile
environment, his injury does not meet the criteria for award of
the PH. As such, 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
not been the victim of an error or injustice. Although the
applicant may be 100 percent disabled for the injuries he
received while on active duty, this does not establish, in and
of itself, that the injuries were incurred as a direct result of
enemy action or while in action against the enemy. We are not
unmindful of the personal sacrifice the applicant endured for
his country during World War II; however, insufficient evidence
has been presented to warrant correcting his records to reflect
his entitlement to the PH.
________________________________________________________________
_
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 AFBCMR Docket
Number BC-2013-01822 in Executive Session on 18 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-
2013-01822 was considered:
Exhibit A. DD Form 149, dated 11 Apr 13, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 12 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 24 Dec 13.
Exhibit E. Letter, Applicant, undated.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
4
3
This document contains information which must be protected IAW AFI 33-332 and DoD Regulation
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).
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