RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01630
		INDEX CODE 107.00
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The application was submitted by the former service member’s daughter who requests that her father’s records be corrected to show that he was awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

On 26 June 1943, her father was injured during an incident at Algeria Air Base and was told that he would receive a PH.

The applicant states that on 26 December 1943, her father was awarded the Soldier’s Medal for his actions on 26 June 1943; however, he never received the PH.

In support of the appeal, applicant submits copies of the orders and citation awarding her father the Soldier’s Medal, excerpts from his personal diary, and his Army Separation Qualification Record.

The applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The member’s record was destroyed by fire in 1973, at the National Personnel Records Center, in St. Louis, Missouri.  Therefore, the following facts have been extracted from the documentation provided by the applicant.

The member served in the Army Air Force during the period 28 October 1941 through 28 August 1945, as an Ammunition Supply Technician.

On 26 December 1943, the member was awarded the Soldier’s Medal for heroism on 26 June 1943 when, after being knocked down, stunned and injured by the explosion of several 500 pound bombs, he immediately recovered and carried other seriously wounded casualties to safety and returned to extinguish grass fires in the vicinity of burning vehicles containing unexploded bombs.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 

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AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, AFPC/DPPPR, reviewed the application and states that a member must provide documentation to support the injury was a direct result of enemy action. The member’s personal statement reflects that his injury occurred while unloading bombs, when one exploded causing a slight wound to his head.  Although the member contends that an investigation concluded the explosion was the result of sabotage, there is no evidence in his records which concluded sabotage.  His injuries were the result of an accident and do not meet the criteria for award of the PH.  Since there is no evidence in the applicant’s records that he has been injured as a direct result of enemy action, they recommend denial of his request to be awarded the PH.

A complete copy of the evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant’s daughter reviewed the evaluation and provides a response that documentation has already been provided listing the names of those who were killed, hospitalized as a result of the incident in question.  These records should be reviewed, and if any of those individuals received the PH, then her father should also receive the PH.

Applicant’s daughter’s complete response is at 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 probable error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that her father has been the victim of an error or injustice.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy action.  The applicant requests award of the PH based on injuries her father received at Algeria Air Base on 26 June 1943, when several 500 pound bombs exploded.  Although the applicant contends the explosion was the result of sabotage, we find no official documentation to substantiate that the incident was the result of sabotage.  We have reviewed the excerpts from the former service member’s personal diary regarding the incident; however, we do not find this evidence, in and by itself, sufficient to conclude that his injuries were the direct result of enemy action.  We also note that for his heroism on 26 June 1943, he was awarded the Soldier’s Medal.  The personal sacrifice he endured for his country and his heroism on that date are duly noted and our decision in no way lessens his heroism and service; however, we find insufficient evidence that his injury was the direct result of enemy action.  Should the applicant provide documentation to substantiate that the explosions were the result of enemy sabotage, the Board would be willing to entertain a request for reconsideration.  However, in the absence of such evidence, we find no compelling 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 probable 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 this application in Executive Session on 16 August 2001, under the provisions of AFI 36‑2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Jun 01, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 18 Jul 01.
    Exhibit C.  Letter, SAF/MIBR, dated 20 Jul 01.
    Exhibit D.  Letter, Applicant’s Daughter, dated 31 Jul 01.