RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2007-03670
		INDEX CODE:  107.00
						COUNSEL:  NONE
						HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The Purple Heart (PH) Medal be added to his official records.

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APPLICANT CONTENDS THAT:

His job in the Army was a demolition/explosive expert.  He was responsible for looking for mines and deactivating them.  He also placed mines and blew up items as directed to include hedgerows, trucks, tanks and buildings.  He was part of the invasion on D-Day and at Omaha Beach.  His injury occurred when “E” Company ran out of ammunition during a battle near St. Lo France.  They took a jeep with a trailer attached along with ammunition supplies and headed to “E” Company.  The route took them on a road with a 20-foot bank on each side.  They came under fire from German artillery.  The artillery shells were landing all around leaving deep craters in the road.  The jeep hit one of the craters and he was thrown from the jeep.  He was transported to an aid station and then to a field hospital.  He stayed there three weeks before returning to his unit.  He was awarded the PH in the field hospital.  An officer, doctor and chaplain came to his bedside and gave him the PH.  The chaplain sent the PH and paperwork to his mother in East Texas.  He was later awarded the Bronze Star for the same action by his company commander.  When the war ended, he was assigned to the military police company until transportation was available for him to go home.  He did not notice his PH was not in his paperwork; he just wanted to go home.

In support of his request, the applicant submits a personal statement, a statement from his daughter, a copy of his Honorable Discharge Certificate, a WD AGO Form 58, Army of the United States (Appointment), a WD AGO Form 53-55, Report of Separation Honorable Discharge, an affidavit and a photograph.

His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Data extracted from his available military records reflects he enlisted in the Army Air Corps on 6 September 1940.

He was retired in the grade of technical sergeant on 31 August 1963 with service characterized as honorable.  He served a total of 22 years, 11 months and 20 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends the request be denied.  DPSIDR states no official documentation (medical documentation, eyewitness statements and etc.,) was located in the applicant's record or submitted by the applicant that verifies he was injured due to direct enemy action.  The applicant's request was submitted to the Purple Heart Review Board for consideration and was disapproved on 31 December 2007.  

The complete DPSIDR evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant's daughter responded stating the request is not for the award of the PH.  The request is to correct an error on her father’s Army discharge records to show he received the PH.  The decision for him to receive the PH was made by military officials during World War II.  It was presented to him while in an Army hospital in France over 60 years ago.  His PH was forwarded by a military chaplain to his mother who kept the medal on her dresser until he returned home.  During the massive exodus of personnel after the war, many records were incorrectly annotated.  According to her father, the data on his discharge papers was not important at the time; all he wanted after spending over a year overseas (in some of the greatest battles of the war) was to get back to his family.  They have made several inquiries and cannot find official records or live witnesses.

The complete response is attached at Exhibit C.

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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.  In this case, the applicant states that he was presented the Purple Heart while in an Army hospital in France during World War II.  It appears that during the chaotic exodus, a period of time in which many records were lost and administrative procedures were overlooked, a Purple Heart was never annotated in his military records.  The applicant's intact military record was available to the board for review.  Because of the lack of available evidence, his award of the Purple Heart cannot be substantiated.  While we are not questioning his integrity in this matter, we unfortunately cannot in good faith, correct his record based on the evidence before us.  Consequently, we are left with no other recourse but to decline his request to correct his record based solely on the lack of official evidence.  Our decision in no way diminishes our appreciation of his sacrifices and contributions in the service of this Nation.  Should he secure supporting documentation, we would certainly be willing to reconsider his application.  In the absence of evidence to the contrary, we find no 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 a material error or injustice; that the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence no considered with this application.

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The following members of the Board considered AFBCMR Docket Number BC-2007-03670 in Executive Session on 27 February 2008, under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-03670 was considered:

	Exhibit A.	DD Form 149, dated 26 October 2007, w/atchs.
	Exhibit B.	Letter, AFPC/DPSIDR, dated 3 January 2008.
	Exhibit C.	Letter, SAF/MRBR, dated 18 January 2008.
	Exhibit D.	Letter, Applicant, dated 24 January 2008.