RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00025 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He was shot down and when he bailed out, he injured his left knee. He was captured and held a prisoner of war (POW); and was forced to march from Nuremberg to Mooseburg. He was evaluated by the Department of Veterans Affairs (DVA) and was awarded 40 percent disability for his left knee and a combined disability rating of 80 percent. In support of his request, the applicant provides copies of her father’s WD AGO Form 53-98, Military Record and Report of Separation – Certificate of Service, documents from her father’s military personnel records, and a letter from the DVA. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 21 Aug 44, the member was inducted in the Army Air Corps and entered active duty. On 11 Nov 45, he was honorably discharged for convenience of the government, after having served a total of 1 year, 2 months, and 20 days, with 6 months and 18 days being Foreign Service. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary that 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 as a result of the aircraft’s evasive measures against hostile fire. AFPC/DPSIDR verified the applicant’s entitlement to the Prisoner of War (POW) medal, the World War II Victory Medal (WWIIVM), The American Campaign Medal (ACM), and the European African Middle Eastern Campaign Medal with two Bronze Service Stars (EAMECM w/2 BSS) and will administratively correct his records to reflect these awards. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states no official medical documentation, detailed personal account, and or eyewitness statements were provided with the request; therefore, they must recommend disapproval of the applicant’s request for the PH. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 Mar 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (Exhibit C). _________________________________________________________________ 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. After thoroughly reviewing the evidence of record, we are not persuaded the requested relief should be granted. The applicant’s contentions are duly noted; however, without documentation to substantiate the member’s injury was the direct result of enemy action, we are unable to verify his entitlement to the Purple Heart. The applicant’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, documentary evidence presented does not meet the criteria for award of the Purple Heart. We note that AFPC/DPSIDR has verified the applicant’s entitlement to the POW medal, WWIIVM, ACM, and the EAMECM w/2 BSS and will update his records to reflect these awards. Therefore, in the absence of evidence to the contrary, we agree with the opinion and recommendation of the Air Force office of primary responsibility and find no basis to recommend granting the relief sought in 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 Docket Number BC-2011-00025 in Executive Session on 9 Jun 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Dec 10, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 14 Mar 11. Exhibit C. Letter, SAF/MRBR, dated 25 Mar 11. Panel Chair