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AF | BCMR | CY2013 | BC-2013-00214
Original file (BC-2013-00214.txt) Auto-classification: Denied
                       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, father’s 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 
father’s death certificate, her driver’s license, and supporting 
documents.  

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

________________________________________________________________

STATEMENT OF FACTS:

The former member’s 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 member’s 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 member’s 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.  Applicant’s 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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