RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00214
COUNSEL: NONE
(DECEASED)
HEARING DESIRED: NO
(APPLICANT)
________________________________________________________________
APPLICANT REQUESTS THAT:
Her late, fathers record be corrected to show that he was
awarded the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
On 7 March 1945, her father was injured in action in a B-24
crash at Balete Pass in Luzon, Philippines.
In support of her request, the applicant submits copies of her
fathers death certificate, her drivers license, and supporting
documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The former members military personnel records were located in
the area most heavily damaged in the fire at the National
Personnel Records Center (NPRC) in 1973. Therefore, the
following information has been extracted from the reconstructed
military record.
The former member was a member of the Regular Air Force who
served on active duty from 9 November 1942, through
9 August 1945 and participated in the Southern Philippines and
Luzon campaigns in the Asiatic-Pacific Theatre from
5 November 1943, through 19 April 1945, while assigned to the
403rd Bombardment Squadron, 43rd Bombardment Group.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
1. AFPC/DPSID recommends denial. DPSID states that located in
the former members record is the Certificate of Disability for
Discharge dated 8 August 1945. This document states that the
former member accidently incurred (his injuries) when he
crashed in a disabled plane, behind the Jap lines in Luzon,
Philippines Islands, on 7 March 1945. The former member's
injuries are noted as accidental and not noted as caused by
enemy action. The former member's WD AGO Form 53-33, Enlisted
Record and Report of Separation, dated 11 August 1945, states
there were no wounds received in action.
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. They were unable to locate any official documentation
verifying award of the Purple Heart. Although it appears that
the former member incurred injuries while in the Philippines,
there is no medical documentation or any documentation
indicating the injuries were due to enemy action. Additionally,
insufficient justification or supporting documentation which
reflects the former member was eligible for award of the Purple
Heart nor sufficient evidence exists of an error or an
injustice.
4. The applicant's request was not submitted to the Purple
Heart Review Board as there is insufficient documentation to
substantiate the former member received an injury caused by
enemy action and also received treatment by a medical officer.
The complete AFPC/DPSID evaluation is at exhibit C.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force Evaluation was forwarded to the
applicant on 31 May 2013 for review and comment within 30 days
(Exhibit D). To date, a response has not been received.
________________________________________________________________
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 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 that there is
insufficient evidence in the former members record verifying he
received a wound as a result of enemy action, received medical
treatment, and was recommended for award of the Purple Heart.
Therefore, in the absence of such evidence, we find no basis to
recommend granting the relief sought in this application.
________________________________________________________________
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 this application
in Executive Session on, 24 October 2013 under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR
Docket Number BC-2013-00214:
Exhibit A. DD Form 149 dated 13 Oct 2012, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 13 May 2013.
Exhibit D. Letter, SAF/MRBR, dated 31 May 2013.
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