RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04198 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: He received a shrapnel wound to the hand on 20 Feb 1945 while aboard an aircraft over Nuremberg, Germany. He enlisted in the Air Force on 2 Nov 1944. On 20 May 1944, he was commissioned as a second lieutenant (2Lt) and was assigned to a flying crew as a bombardier. He arrived in England and flew his first mission on 20 Sep 1944. On his 32nd mission, in Feb 1945, his crew’s target was Nuremberg, Germany and they encountered heavy flax. An anti- aircraft shell burst in front of his plane which caused a piece of the shell to come through the nose of the aircraft and strike a hard blow into his flax suit, throwing him backward. He realized he sustained an injury to his hand and was bleeding from the shrapnel wound. His hand was wrapped in gauze bandages to stop the bleeding, however, he continued with the mission. After returning to the airfield in England, he decided not to report this incident. His ability to land a plane was an asset to the crew and if he were grounded it would impair the crew’s goal of completing their tour of 35 missions with no fatalities. On 24 Feb 1945, his tour ended with his 35th mission. He received the Air Medal with five Oak Leaf Clusters and qualifies for the PH for the wound he received from enemy shrapnel. In support of his request, the applicant provides a personal statement, copies of his Combat Sorties, his separation orders, and letters from the Disabled American Veterans National Service Office and the Department of Veterans Affairs (DVA). The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 2 Nov 1942 to 30 Apr 1944 and from 31 Apr 1944 through 6 Jul 1945. On 8 Aug 1945 he was discharge from the Army Air Forces by reason of "physical disqualification." The PH is awarded to members of the US Armed Forces who have been wounded, killed or who have died or may hereafter die of wounds received in action against an enemy of the US or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Service member’s medical or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states, a detailed personal account of the circumstances surrounding the injury is required, to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. If possible, an eyewitness account should be provided from individuals who saw the injury and can attest to the circumstances surrounding the personal account. The applicant provided an abbreviated account of the circumstances surrounding the incident, but did not provide eyewitness statements or medical records. He provided a copy of his discharge paperwork indicating on 6 Jul 1945 he was discharged for physical incapacitation. He also provided an undated document indicating he intended to claim service for injury to his hand. There was no medical documentation provided or located in the applicant's records and no indication that the physical incapacitation was related to his hand injury. The injury was not evaluated. Consequently, there is no medical evidence substantiating a wound. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 9 Feb 2012, the applicant requested additional time to provide supplementary evidence in support of in his request and his application was administratively closed. On 26 Apr 2012 the applicant, through his congressman requested his application be reopened and included various other documents associated with his request. The applicant’s complete response, 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. After thoroughly reviewing the evidence of record and the applicant’s response to the Air Force evaluation, we are not persuaded the requested relief should be granted. Therefore we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale that the applicant has not been the victim of an error or injustice. 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, without documentation to substantiate his injury was the direct result of enemy action, we are unable to verify his entitlement to the Purple Heart. In the absence of 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 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 this application in Executive Session on 5 Nov 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-04198: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 21 Oct 2011, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR dated 13 Jan 2012. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 2012. Exhibit E. Letter, Applicant, dated 9 Feb 2012. Exhibit F. Letter, AFBCMR, dated 2 Apr 2012. Exhibit G. Letter, Applicant's Congressman, dated 27 Apr 2012, w/atchs.