RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01539
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
Her deceased father be awarded the Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
Her father was a B-24 Bomber pilot in World War II who was captured by the Germans in Feb 1945 and spent three months as a prisoner of war (POW). His POW status qualifies him for award of the PH Medal. The Department of Veterans Affairs (DVA) rated him as 100 percent disabled.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
During World War II, the deceased former service member was held as a POW by Germany from 31 Jan 45 to 29 Apr 45.
According to documentation submitted by the applicant, the deceased member passed away on 25 Aug 12.
On 12 Aug 13, AFPC/DPSIDRA directed the deceased members official military records be administratively corrected to reflect award of the following decorations:
a. Good Conduct Medal (GCM).
b. Prisoner of War Medal (PWM).
c. European-African-Middle Eastern Campaign Medal with three Bronze Service Stars (EAMECM w/3BSS).
d. American Campaign Medal (ACM).
e. World War II Victory Medal (WWIIVM).
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. The PH Medal 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. While the deceased member was a POW from 31 Jan 45 to 29 Apr 45, the applicant did not submit documentation which verifies the deceased member was awarded the PH Medal, and there is no documentation in the deceased members official military record to verify he received the PH Medal. Because there is no evidence the deceased member suffered a wound through enemy contact, recommend disapproval of the applicants request.
A complete copy of the 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 19 Sep 13 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 an error or injustice. We took notice of the applicants 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. While the fact the deceased former member was a prisoner of war (POW) is not in dispute, said status, in and of itself, does not confer eligibility for the Purple Heart (PH) Medal. While we are not unmindful of the deceased former members dedicated service to the Nation, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively.
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THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2013-01539 in Executive Session on 14 Jan 14, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Mar 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 23 Aug 13.
Exhibit D. Letter, SAF/MRBR, dated 19 Sep 13.
Panel Chair
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