RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03518
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
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APPLICANT CONTENDS THAT:
He was wounded and shot down by German anti-aircraft fire. He was promised the PH; however, he has never received the award.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant provided a NA Form 13038, National Archives and Records Administration, which indicates he enlisted in the Army of the United States on 27 Nov 42 and served on active duty until he was furnished a honorable discharge to accept commission on 7 Apr 44.
On 5 Oct 45, the applicant was honorably released from active duty.
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit B.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The 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 part of a peacekeeping 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 and/or health record. Award of the PH Medal 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. After a though review of the applicants official military personnel record, verification could not be made for award of the PH medal. A signed certificate, Special Order or any other official documentation verifying the PH medal was awarded could not be located. Although the applicant contends he was wounded, there are no records to research to make a determination because, according to the National Personnel Record Center, the applicants records were more than likely burned in the fire of 1973. Nevertheless, the Purple Heart Review Board has the authority to determine a veterans eligibility for award of the PH medal. Approval consideration can be based upon a detailed personal account of how the injury occurred, medical documentation substantiating the injury required medical treatment at the time the injury occurred, and eyewitness statements from individuals who saw how and when the injury occurred, none of which the applicant provided. Therefore, to grant relief would be contrary to the criteria established by the Department of Defense Manual (DoDM) 1348.33, the Secretary of the Air Force, Chief of Staff, and or the War Department.
A complete copy of the AFPC/DPSID evaluation is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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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 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to substantiate that he has a qualifying injury that warrants award of the PH Medal. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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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-2013-03518 in Executive Session on 8 May 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 13, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 12 Nov 13.
Exhibit C. Letter, SAF/MRBR, dated 6 Jan 14.
Panel Chair
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