RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02611
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
He was wounded in action against the enemy while stationed in
Korea. He received shrapnel to the right side of his face and
legs. In the 1950s, minorities were treated differently
compared to other military personnel. He never thought about
receiving the PH until he had a conversation with another
veteran.
In support of his request, the applicant provides a copy of a
letter from AFPC/DPMASA and a copy of his DD Form 214, Report of
Separation from the Armed Forces of the United States.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant received an honorable discharge on 20 Oct 56.
On 4 Nov 77, AFPC/DPMASA sent the applicant a letter notifying
him that the Purple Heart Review Board (PHRB) denied his request
for award of the PH.
In accordance with AFM 900-3, during the period in question, the
Purple Heart (PH) was awarded for wounds received in action
against an enemy, or as a direct result of an act of any enemy,
opposing armed force, or hostile foreign force. For the purpose
of considering award of the PH, a wound was defined as an injury
to any part of the body from an outside force or agent. A
physical lesion was not required, provided the concussion or
other form of injury received was due to direct enemy, opposing
armed force, or hostile foreign force action.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
1. AFPC/DPSID recommends denial stating that after reviewing the
applicants official military personnel record, they were unable
to verify award of the PH. Additionally, they were unable to
locate a signed certificate, special order or any other official
documentation that verifies the PH was awarded to the applicant.
Although the applicant contends he received shrapnel to side of
his face and nearly lost his right eye, there is no medical
documentation to support this injury.
2. The applicant has not provided any of the required
documentation such as a detailed personal account of how the
injury occurred, medical documentation substantiating that he
received an injury which required medical treatment at the time
the injury occurred, and eyewitness statements from individuals
who saw him receive the injury. The PHRB previously denied the
applicants request due to lack of proof of an injury which
meets the basic criteria for the PH Medal.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He provides a letter from a nurse practioner from the Department
of Veterans Affairs (DVA) that states both scars are more likely
than not to have been related to an injury that the applicant
sustained and if the injuries were inflicted by shrapnel then it
is more likely than not that such wounds required treatment.
The nurse practitioner was able to confirm an injury near the
right upper lip. He also provides an excerpt from his medical
records that is not entirely legible; however, it appears that
it says his face was abided by flying empty cartridges and he
has a 2 x 05 inch abrasion on his upper right lip. The rest of
the document is very difficult to read.
The applicants complete submission, with attachments, 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 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. After a
thorough review of the available evidence and applicants
complete submission, we find no evidence that his records should
be corrected to show he was awarded the PH. In this respect,
the applicants contentions are noted; however, without
supporting documentation to prove he sustained injuries as a
result of direct enemy action, we are unable to provide a
favorable determination. 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. The
applicants honorable service is noted. Regrettably, we do not
find the evidence submitted is sufficient to recommend granting
the requested relief.
________________________________________________________________
_
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-2013-02611 in Executive Session on 28 Jan 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence for AFBCMR Docket Number BC-
2013-02611 was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit C. Letter, AFPC/DPSID, dated 12 Nov 13.
Exhibit D. Letter, SAF/MRBR, dated 13 Dec 13.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
4
4
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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