RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-05582
(DECEASED) COUNSEL: NONE
(APPLICANT) HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
The decedents records be corrected to show that he was awarded
the Purple Heart (PH).
APPLICANT CONTENDS THAT:
According to the decedents WD AGO Form 53-98, Certificate of
Service, Item 30, Wounds Received in Action, he was wounded on
12 Nov 43 in New Guinea.
He was never awarded the PH and his survivors would like to have
his records corrected to reflect award of the PH.
He assumes the paperwork for the award was lost due to the austere
conditions the unit was operating under while in New Guinea.
The applicant believes the Board should find it in the interest of
justice to consider his untimely application as the records of
World War II veterans should be corrected.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
According to the decedents WD AGO Form 53-98, he was a member of
the Army Air Corps from 13 Jun 42 to 6 Nov 45.
According to the decedents Form 52b, Medical Department, U.S.A.
dated 12 Nov 43, he accidentally shot himself in the right thigh
while repairing a .30 caliber nose gun while on a combat mission.
His WD AGO Form 53-98, Item 30, reflects he was wounded on 12 Nov
43 in New Guinea.
On 30 Nov 90, the PH Review Board determined that based on the
decedents personal statement that he incurred indirect injuries
not associated with enemy combat; he did not meet the eligibility
criteria for 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 members
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 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.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID was unable to locate a signed
certificate, special order or any other official documentation
verifying the decedent was recommended for or awarded the PH. The
decedents WD AGO Form 53-98 is annotated in Item 30, Wounds
Received in Action, with 12 Nov 43, New Guinea; however, this
would not be substantial enough to verify the wounds were received
by enemy action.
The decedent pursued award of the PH per his request dated 8 Sep
44; however, a memorandum from the Adjutant General dated 17 Feb
45, states the investigation in the case of the request for award
of the PH found no information showing that an injury was
sustained for which the PH may be awarded. Further, the decedent
pursued a congressional request for award of the PH per memorandum
dated 30 Nov 90. The PH Review Board found that he incurred
indirect injuries not associated with enemy combat and did not
meet eligibility for this award.
DPSID also states the request was not filed in a timely manner.
The request was not boarded due to the lack of any eyewitness
statements and lack of medical documentation attesting to an
injury caused by enemy action. To grant relief would be contrary
to the eligibility criteria established by DODM 1348.33, Manual of
Military Decorations and Awards, the Secretary of the Air Force
and Chief of Staff.
Based on a review of the decedents official military personnel
record, DPSID was able to determine he should have been awarded
the World War II Victory Medal (WWIIVM) and will administratively
correct his record for award of the WWIIVM.
The complete copy of the DPSID evaluation, with attachment, is at
Exhibit C.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 1 Aug 14 for review and comment within 30 days (Exhibit D). As
of this date, no response has been received by this office.
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 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 the burden of proof that the
decedent was the victim of an error or injustice. Therefore,
aside from the administrative correction to award the WWIIVM, we
find no basis to recommend granting the relief sought in this
application.
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.
The following members of the Board considered AFBCMR Docket Number
BC-2013-05582 in Executive Session on 20 Jan 15 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-05582 was considered:
Exhibit A. DD Form 149, dated 25 Nov 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 7 Jul 14, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 1 Aug 14.
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