RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03228 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He received a gunshot injury on 22 Jun 44; during the attack, his aircraft was shot down. His wound was treated in Germany, so no military medical records are available. He still bears the scars for his wounds today. In support of his appeal, the applicant provides copies of letters of inquiry with the National Personnel Record Center (NPRC); extracts of his reconstructed records; his WG ADO 53-55, Enlisted Record and Report of Separation, issued in conjunction with his 9 Nov 45 discharge. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Army Air Forces, on 17 Apr 43, he was progressively promoted to the grade of staff sergeant E-5/SSgt. During this period, he served as an airplane armorer gunner; he completed combat missions and participated in the Northern France, Normandy, Ardennes, Rhineland, and Air Offensive Europe campaigns. He was honorably discharged from active duty on 9 Nov 45. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, stating, in part, that they were unable to locate any evidence concerning a wound. 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 bail out injuries, etc.). In addition, it is necessary the wounds required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the 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 aircraft member in a passenger status as a result of the aircraft’s evasive measures against hostile fire. DPSIDR was unable to locate and the applicant did not provide, a certificate or special order for the PH. He did not provide a detailed statement describing the circumstances concerning his injury. While there appear to be several statements in the application, they are all second hand knowledge. There are no eyewitness statements available as the remainder of the crew is deceased. There are medical interviews in his records where he mentioned his injury, and some of the circumstances concerning it, but nothing in the immediate post war period from 1945 to 1948. He had medical complaints during this period, but nothing concerning the injury as he now describes it. They were unable to locate medical records describing the scar or any mention of a wound. In addition, the applicant signed his WD AGO Form 53- 55, even though the section for wounds (block 34) indicated that he did not receive any wounds during his active service. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Dec 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 notice of the applicant's complete submission and the available evidence of record in judging the merits of the case; however, 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. We are not unmindful or unappreciative of his service to his Nation. Should the applicant provide additional documentation to substantiate his claim, we would be inclined to reconsider his petition. In view of the above and in the absence of persuasive evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or 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-2011-03228 in Executive Session on 31 May 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 21 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.