RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02478
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
Her deceased uncle be awarded the Purple Heart (PH) Medal.
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APPLICANT CONTENDS THAT:
His death on 18 Jan 45 during World War II entitles him to the PH Medal.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
According to the documentation submitted by the applicant, the deceased member entered active duty on 3 Jun 42, and was killed in a non-battle related airplane crash on 18 Jan 45.
The remaining relevant facts pertaining to this application are contained in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. The Purple Heart (PH) Medal 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. According to the War Department Adjutant Generals Office, Report of Death, dated 21 Feb 45, the deceased former service member was killed on 18 Jan 45 in a non-battle related aircraft accident in the European area. The applicants case was not boarded by the Purple Heart Review Board due to the lack of documentation supporting that the death was due to enemy action. To grant the applicant relief would be contrary to the eligibility criteria for award of the PH Medal.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 Sep 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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 an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-02478 in Executive Session on 18 Mar 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 23 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 20 Sep 13.
Panel Chair
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