RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01675
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The applicant requests that her late-husband’s records be corrected to reflect award of the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

Her husband was injured on 11 July 1944, on a mission over Munich, Germany.  Upon return to England after the mission, her husband requested not to be sent for medical treatment for fear of losing his position and notification being sent to his family regarding his injuries.

The applicant has provided statements and an excerpt of an interview from her late-husband’s crewmembers.

Applicant's complete submission, with attachments, is attached at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

The available records provided by the applicant reveal that the servicemember  served  on  active  duty  from  16  March  1943 - 8 October 1945.  He had an overseas tour in the European Theater from 6 April-11 September 1944.  His Report of Separation reflects he was awarded the Distinguished Flying Cross, Air Medal with four Oak Leaf Clusters, the European-African-Middle Eastern Campaign Medal with one Bronze Service Star.

A DD Form 215 was issued on 12 August 2003 adding the American Campaign Medal and the World War II Victory Medal to the applicant’s DD Form 214.

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AIR FORCE EVALUATION:

AFPC/DPPPR states the applicant has not provided any evidence showing the servicemember received medical treatment for any injuries caused by enemy action.  Furthermore, the statements from his crewmembers regarding the servicemember’s injuries were conflicting and the servicemember himself informed a Veterans Affairs Physician that he was unharmed during the war.  DPPPR is unable to verify the servicemember received an injury that meets the criteria for award of the PH.  Therefore, they recommend the requested belief be denied.   

A complete copy of the evaluation, with attachments, is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 22 August 2003, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

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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 error or injustice.  We took note of the documentation the applicant provided in support of her request for her late-husband to be awarded the PH.  However, we are not persuaded that this information substantiates the servicemember had an injury that met the criteria for award of the PH.  While we are not unmindful or unappreciative of the servicemember’s service to his Nation, in the absence of evidence substantiating the servicemember was injured as a direct result of enemy action and received medical treatment for the injuries, 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 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 AFBCMR Docket Number BC-2003-01675 in Executive Session on 23 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 28 Feb 03, w/atchs.
	Exhibit B.	Avaialble Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 8 Aug 03, w/atch.
	Exhibit D.	Letter, SAF/MRBR, dated 22 Aug 03.

					Panel Chair