RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00228
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
His father be awarded the Purple Heart (PH).
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APPLICANT CONTENDS THAT:
His father deserves the award for injuries incurred as a result of a pipeline explosion while serving in Saipan, Marianas Island.
In support of the request, the applicant provides General Order (GO) 64, dated 13 August 1945, for award of the Soldiers Medal, his birth certificate and his fathers death certificate.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicants military personnel records were destroyed by fire in 1973. Therefore, the facts surrounding his separation cannot be verified. Data extracted from the applicants fathers War Department, Army General Order, Form 53-53, Enlisted Record and Report of Separation, Honorable Discharge, reflects that he was a member of the Army Air Corps from 13 December 1943 to 15 December 1945.
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.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that it appears the applicants father, and several others were awarded the Soldiers Medal for heroic actions after a pipeline explosion, where he sustained injuries to his hands and feet while assigned to Saipan, Marianas Island, on 19 April 1945. However, it does not appear the injuries received were caused by an act of an enemy or opposing armed force; therefore, it does not meet the eligibility criteria for award of the PH. To grant the applicant relief would be contrary to the eligibility criteria established by the Department of Defense (DoD) Manual 1348.33, Manual of Military Awards and Decorations.
The complete 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 13 May 2013 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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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. After thoroughly reviewing the evidence of record and the applicants contentions, we are not persuaded the requested relief should be granted. Therefore, 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 his burden that his father was the victim of an error or injustice. The applicants fathers personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his fathers injury was the direct result of enemy action, we are unable to verify his entitlement to the PH. 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 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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-00228 in Executive Session on 7 Nov 2013, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 2012, w/atch.
Exhibit B. Applicants Available Military Service Records.
Exhibit C. Letter, AFPC/DPSID, dated 13 May 2013, w/atch
Exhibit D. Letter, SAF/MRBR, dated 13 May 2013, w/atch.
Panel Chair
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