RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00097
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her deceased husband (the member) be awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
While serving as gunner on a B-24 bomber during World War II, her husband was hit by shrapnel when his aircraft was attacked by enemy fire. At the time, he was recommended for the PH, however, he declined the award because he felt it would upset his mother if she found out he was wounded.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
According to the documentation submitted by the applicant:
a. The member initially entered the Army Air Corps on 5 Aug 43.
b. On 16 Oct 45, the member was furnished an honorable discharge.
The remaining relevant facts pertaining to this application are contained in the memoranda prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The PH award 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. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. A thorough review of the members official military personnel record did not reveal evidence of award of the PH. The detailed account of the incident in which the member was injured contained in the application is from a third person who did not witness the event. In addition, there is no mention of what injury the member received and no medical documentation reflecting that the member sustained an injury which required medical attention. The applicants request was not reviewed by the Purple Heart Review Board because it lacked the necessary documentation in order to be reasonably considered.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. A review of the members official military records and the documentation submitted by the applicant did not reveal any evidence that the applicant qualified for award of the PH.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 28 Sep 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
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 opinions and recommendations of the Air Force offices of primary responsibility (OPR), and adopt their rationale as the basis for our conclusion the deceased former member has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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.
The following members of the Board considered AFBCMR Docket Number BC-2014-00097 in Executive Session on 2 Dec 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Oct 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 21 Apr 14.
Exhibit D. Memorandum, SAF/MRBP, dated 4 Sep 14.
Exhibit E. Letter, SAF/MRBR, dated 28 Sep 14.
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
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