RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2014-02375
		
  	COUNSEL:  NONE

		HEARING DESIRED: NO


APPLICANT REQUESTS THAT:

Her deceased uncle records reflect award of the following awards 
and decorations:

   1.  Purple Heart (PH) Medal.

   2.  European African Middle Eastern Campaign Medal – 
ADMINISTRATIVELY CORRECTED.

   3.  World War II Victory Medal – ADMINISTRATIVELY CORRECTED.

   4.  Honorable Service Lapel Button – ADMINISTRATIVELY 
CORRECTED and any other medals and awards he may be entitled to.


APPLICANT CONTENDS THAT:

Her uncle served during World War II as a pilot and was shot 
down over Repola, Italy, and died on 15 February 1945 while 
serving on active duty.  She further states her uncle was not 
issued the contested awards for his service.

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


STATEMENT OF FACTS:

The applicant’s military personnel records were destroyed by 
fire in 1973 at the National Personnel Record Center (NPRC) in 
St. Louis, Missouri.  The available records provided by the 
applicant indicate the following.

The decedent was a former Air Corps member who served on active 
duty from 8 February 1944 through 15 February 1945.  





AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the PH medal.  DPSID states the 
Purple Heart is governed by Executive Order 11016, which 
authorized the Secretary of a Military Department to award the 
PH to any member of an armed force under the jurisdiction of 
that department who meets the eligibility requirements.  After 
17 May 1998, award of the Purple Heart was limited to members of 
the Armed Forces.  The PH is awarded to any member of the United 
States Armed Forces who, while serving under competent authority 
in any capacity with one of the United States Armed Forces, 
after 5 April 1917, has been wounded, killed, or who has died or 
may hereafter die of wounds received under any of the following 
circumstances: In action against an enemy of the United States; 
in action with an opposing armed force of a foreign country in 
which the United States Armed Forces are or have been engaged; 
while serving with friendly foreign forces engaged in an armed 
conflict against an opposing armed force in which the United 
States is not a belligerent party; as a result of an act of any 
such enemy or opposing armed forces; as the result of an act of 
any hostile foreign force; after 28 March 1973, as a result of 
an international terrorist attack against the United States or a 
foreign nation friendly to the United States; after 28 March 
1973, as a result of military operations while serving outside 
the territory of the United States as part of a peacekeeping 
force; a service member who is killed or wounded in action as 
the result of action by friendly weapon fire while directly 
engaged in armed conflict, other than as a result of an act of 
an enemy of the United States, unless the wound is the result of 
willful misconduct of the member; before 25 April 1962, while 
held as a prisoner of war (or while being taken captive) in the 
same manner as a former prisoner of war who is wounded on or 
after that date while held as a prisoner of war.  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 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 
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.  After 7 December 1941, to 
a service member who is killed or dies while in captivity as a 
prisoner of war under circumstances establishing eligibility for 
the Prisoner of War Medal, unless compelling evidence is 
presented that shows that the member’s death was not the result 
of enemy action.  






There is no Special Order, recommendation or signed certificate 
in the applicant’s limited official military record, nor was any 
provided verifying the applicant was recommended for or awarded 
the Purple Heart.  There is no evidence the applicant suffered 
an injury through enemy contact.  A detailed personal account of 
how the injury occurred, medical documentation substantiating an 
injury which required medical treatment at the time the injury 
occurred, and eyewitness statements from individuals who saw the 
applicant receive the injury were not provided by the next of 
kin.  There is no medical documentation in the applicant’s 
limited military personnel record, nor was any provided, to 
substantiate an injury he may have received was due to enemy 
action.  To grant relief would be contrary to the criteria 
established by DoDM 1348.33, Secretary of the Air Force, Chief 
of Staff, and/or the War Department.

The applicant’s request was not boarded by the Purple Heart 
Review Board as it does not contain a detailed personal account, 
supporting eyewitness statements or medical documentation 
showing an injury incurred by enemy action.  In addition, the 
applicant’s WD AGO 53-1 dated 8 March 1945, states cause of 
death was an airplane accident non-battle, which would render 
the applicant ineligible for the Purple Heart.

After a thorough review of the applicant’s limited official 
military personnel record, they were able to verify award of the 
European African Middle Eastern Campaign Medal, the World War II 
Victory Medal, and Honorable Service Lapel Button.  Upon final 
board decision, a copy of this memorandum will be placed in the 
applicant’s record as verification of these awards and 
decorations.

A complete copy of the AFPC/DPSID evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 17 October 2014, a copy of the evaluation was forwarded to 
the applicant for review and response within 30 days (Exhibit 
C).  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 an 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 
and adopt its rationale as the basis for our conclusion the 
applicant has failed to sustain her burden of proof of the 
existence of an error or injustice.  Therefore, other than the 
administrative corrections cited above, we find no basis to 
recommend granting any additional relief sought in this 
application.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2014-02375 in Executive Session on 12 March 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 3 June 2014, w/atchs.
  Exhibit B.  Letter, AFPC/DPSID, dated 22 September 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 17 October 2014.