RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02183 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The deceased member’s record be corrected to show he was awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: She would like to know if her husband’s injuries qualify for award of the PH. In support of her request, the applicant provides a letter from the Department of Veterans Administration and Department of the Army; copies of his DD Form WG AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge and State of Louisiana Certificate of Death. 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. Therefore, the facts surrounding his injuries in World War II cannot be verified. Based upon the available records, the applicant enlisted in the Army Air Corps as an aerial gunner on 11 August 1943 and was progressively promoted to the grade of technical sergeant. He was honorably discharged on 30 October 1945. The PH is awarded for wounds received as a direct result of enemy actions, (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ 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 injustice. After careful consideration of applicant's request, we note that there are no records to review and the applicant has not provided documentation revealing the circumstances of the deceased member’s injury. Based on the presumption of regularity in the conduct of government affairs and without evidence to the contrary, we must assume that the deceased member was not recommended for an award of the PH. Therefore, we find no basis upon which to favorably consider this application. ________________________________________________________________ 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. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2010-02183 in Executive Session on 24 February 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2010-02183 was considered: Exhibit A. DD Form 149, dated 21 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records.