RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                DOCKET NUMBER: BC-2012-05293

				 COUNSEL:  NONE

				 HEARING DESIRED:  NOT INDICATED

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).  

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APPLICANT CONTENDS THAT:

The PH should have been awarded to him for burns he sustained 
when the B-24 he was in received a direct hit by an 88MM shell 
on 23 September 1944.  

In support of his request the applicant submitted a copy of a 
narrative mission report dated 23 June 1944, and a collage of 
pictures reflecting his award of the DFC, release from POW 
status, foreign currency, and unit members.  

The applicant's complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

Documents in the applicant’s Military Personnel Record indicate 
he served in the Army Air Force in the grade of Technical 
Sergeant (TSgt).  

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AIR FORCE EVALUATION:

1.  HQ AFPC/DPSID recommends denial.  DPSID states that without 
a detailed statement from the applicant and medical 
documentation verifying the wound required treatment, they 
cannot determine if the injury meets the criteria for award of 
the Purple Heart.  

2.  The Purple Heart 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.  Additionally, treatment of the wound shall be 
documented in the service member's medical and/or health record.  
Award of the Purple Heart 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 member's  
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.  

3.  The Purple Heart Review Board has the authority (on behalf 
of the Secretary of the Air Force), to determine a veteran's  
award of the Purple Heart.  Each request is considered based on 
the policies and criteria in use at the time the veteran was 
injured, and the determination is dependent on the documentary 
evidence presented.  
4.  There was no official documentation, to include a Special 
Order, verifying the applicant was awarded the Purple Heart.  
The applicant's request was not reviewed by the Purple Heart 
Review Board as there were no detailed statement concerning the 
wounding and no medical records substantiating a wound had 
occurred.  This could result in an injustice to the applicant if 
the Purple Heart Review Board made a decision without allowing 
the applicant an opportunity to provide the missing 
documentation.  The applicant was contacted via e-mail on 
31 January 2013, and asked to provide a detailed statement 
concerning the wound, but has yet to respond.  

5.  Based on their review of the applicant's official military 
personnel record, they were able to determine the below Air 
Force Medals and/or Ribbons should have been awarded during the 
applicant's service from 4 March 1943 to 22 August 1945 and were 
not reflected in his records:  

	a.  Distinguished Flying Cross (DFC).

	b.  Prisoner of War Medal (POWM).

	c.  American Campaign Medal (ACM).

	d.  World War II Victory Medal (WWIIVM).

	e.  European-African-Middle Eastern Campaign Medal with one 
Silver Service Star and one Bronze Service Star (EAMECM w/1SSS 
and 1BSS).

Upon final board decision, administrative correction of the 
applicant's official military personnel record will be completed 
by AFPC/DPSOR.  

The complete 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 14 April 2013 for review and comment within 30 days 
(Exhibit D).  To date, a response has not been received.  

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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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice with respect 
to the applicant’s request for award of the Purple Heart (PH) 
Medal associated with his purported injury on 23 September 1944.  
After reviewing the documentation submitted, we are persuaded by 
the accounting of the events that the applicant’s injury was 
sustained during combat mission and as the direct result of 
enemy action.  In view of the above, and noting that a wounded 
soldier’s 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, we 
believe it appropriate to resolve this matter in the applicant’s 
favor.  Furthermore, the absence of any information in the 
existing records pertaining to the treatment of his injury is 
not surprising in view of his approximately three months absence 
from military control while he was in Prisoner of War (POW) 
status.  Therefore, in view of the above and in recognition of 
the applicant’s dedicated service to the nation, we recommend 
that his records be corrected as indicated below.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issue(s) 
involved.  Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show his WD AGO Form 
53-55, Enlisted Record and Report of Separation, dated 
22 August 1945, be corrected in Item 33, Decorations and 
Citations, to reflect he was awarded the Purple Heart Medal.

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The following members of the Board considered this application 
in Executive Session on 4 September 2013, under the provisions 
of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2012-05293 was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 25 Mar 2013 w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Apr 2013.