RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-00125 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Silver Star (SS) Medal and the Purple Heart (PH) Medal. ________________________________________________________________ _ APPLICANT CONTENDS THAT: Approximately March to April 1944, his unit was assigned to the Fighter Advance Air Base in New Guinea. Many nights they would have Japanese bombers dropping bombs on their compound. One night a phosphorous bomb hit his encampment causing shrapnel to hit him in two places of his left arm. There was no hospital in the vicinity and his wounds were wrapped and dressings were required for about two weeks. He does not have witnesses because this happened over six decades ago and most of his comrades have expired. In support of his request, the applicant provides a personal statement and a statement which appears to be from the Department of Veterans Affairs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: Portions of 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 indicate the following. The applicant enlisted in the Regular Air Force on 1 June 1945 and was honorably released from active duty on 4 April 1946. He served 27 days of continental service and 9 months and 7 days of Foreign service. The SS is awarded to a person who, while serving in any capacity, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces against an opposing armed force in which the United States is not a belligerent party. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. For the purpose of awarding the PH, a wound was defined as an injury to any part of the body from an outside force, element, or agent, sustained as the result of a hostile act of the enemy, or while in action in the face of the enemy. When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment. In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable. However, the statement would be substantiated if possible. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states they were unable to find evidence that the applicant was recommended for award of the SS. A copy of the SS certificate, special order, or a decoration recommendation was not submitted to substantiate the award. The applicant did not provide an eyewitness statement because some of the members have died. Unfortunately, the applicant cannot recommend himself for the award of the SS. In regard to the PH, the applicant's request was forwarded to the Purple Heart Review Board (PHRB). The PHRB determined the applicant did not have sufficient medical documentation to approve the PH. Each request is considered on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. The DPSIDR complete evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 11 April 2008, the evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). In a letter dated 7 May 1980 [sic], the applicant requested his case be administratively closed (Exhibit E). In accordance with his request, his case was administratively closed on 23 June 2008 (Exhibit F). In a letter dated 28 November 2009, the applicant requested his case be reopened. The applicant’s complete submission, with attachments, is at Exhibit G. ________________________________________________________________ _ 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 to warrant awarding the SS and PH. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the applicant incurred an injury as a direct result of enemy action as required for award of the PH. With regard to the SS, we note the SS is awarded for gallantry in action not warranting award of a Medal of Honor (MOH) or Distinguished Service Cross (DSC). Since the member’s records were destroyed by fire in 1973, we must consider this application based solely on the documentation provided by the applicant. After reviewing this evidence, we are not persuaded the applicant meets the eligibility criteria for this award. Accordingly, 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 that the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for our country is noted; however, in view of the above, and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an 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-2008-00125 in Executive Session on 20 July 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXX, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 December 2007, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 24 March 2008. Exhibit D. Letter, SAF/MRBR, dated 11 April 2008. Exhibit E. Letter, Applicant, dated 17 May 1980, w/atchs. Exhibit F. Letter, AFBCMR, dated 23 June 2008. Exhibit G. Letter, Applicant, dated November 28, 2009, w/atchs.