RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00350
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded by enemy artillery fire during World War II
(WWII) while serving in the Philippine Islands. A Computed
Axial Tomography (CAT) scan indicates he still carries the
shrapnel.
In support of his request, the applicant provides copies of his
WD AGO Form 53-55, Enlisted Record and Report of Separation
Honorable Discharge and medical documents.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
In accordance with AFM 900-3, during the period in question, the
PH was awarded for wounds received in action against an enemy,
or as a direct result of an act of any enemy, opposing armed
force, or hostile foreign force. For the purpose of considering
award of the PH, a wound was defined as an injury to any part of
the body from an outside force or agent. A physical lesion was
not required, provided the concussion or other form of injury
received was due to direct enemy, opposing armed force, or
hostile foreign force action.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force. Accordingly, there is no need to recite these
facts in this Record of Proceedings.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the applicant's
official Military Personnel Record (MPR) was among those most
heavily damaged in the fire at the National Personnel Records
Center (NPRC) in 1973. The NPRC was able to reconstruct a MPR
for the applicant; however, it contains limited information.
After a thorough review of the applicant's limited official MPR,
DPSID is unable to verify award of the PH. The applicant has
not provided a detailed account of how the injury occurred to
include the date of injury, official medical documentation
substantiating the applicant not only received a wound as a
result of enemy action but also received medical treatment for
that wound, or eyewitness statements. Without said
documentation, DPSID is unable to submit the applicant's request
to the PH Review Board. To award the PH would be contrary to
the criteria established by DoDM 1348.33, Manual of Military
Decorations and Awards.
The complete DPSID evaluation, with attachment, is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 31 May 2013, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within
30 days. As of this date, no response has been received by
this office (Exhibit D).
________________________________________________________________
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. Although the
applicant contends that he should be awarded the PH due to
shrapnel wounds to his right leg, the documentation he provides
is not sufficient to substantiate that his injury was the direct
result of enemy action or incurred while in action against the
enemy. As such, we find that he has failed to sustain his
burden of substantiating the existence of an error or an
injustice in his records. The applicants personal sacrifice
and unselfish service to his country are noted and our decision
in no way lessens our regard for his service; however, without
sufficient documentation to substantiate that his injury was the
direct result of enemy action or incurred while in action
against the enemy, we are unable to verify his entitlement to
the PH. Therefore, 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.
________________________________________________________________
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 26 Sep 2013, under the provisions of AFI
36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2013-00350:
Exhibit A. DD Form 149, dated 16 Oct 2012, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID dated 13 May 2013.
Exhibit D. Letter, SAF/MRBR, dated 31 May 2013.
Panel Chair
2
3
AF | BCMR | CY2013 | BC-2013-00035
The Board should consider his request and award him the PH because he heard of a few guys who received the PH and did not have an injury. The applicant's request cannot be considered by the PH Review Board unless there is a detailed personal account of how the injury occurred, medical documentation substantiating treatment was received, and eyewitness statements. ________________________________________________________________ The following members of the Board considered this...
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At the time of his discharge, he was furnished a WD AGO Form 53-96, Military Record and Report of Separation Certification of Service, stating he received no wounds in action. DPSID was unable to locate any official medical documentation within the applicants official Military Personnel Records or medical records substantiating the applicant received and/or was treated for a shrapnel wound while serving in WWII, nor has the applicant provided any such documentation to support his claim. ...
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His current medical provider requests that his medical records includes a history of receiving shrapnel wounds and that he exhibits scars consistent with shrapnel wounds and further requests that his statement be included as a part of his official medical records. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial, stating, in part, that there is no special order, recommendation or signed certificate in the applicant's...
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The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. While the applicant has presented recent medical documentation indicating a shrapnel injury to his knee, he has presented no evidence...