RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04907 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 should be awarded the PH Medal for injuries he received after his plane was shot down by enemy fire. After he bailed out he landed in a circle of German and Hungarian soldiers and was taken to Nuremburg by the Germans. In support of his appeal, the applicant provides an expanded statement. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s military personnel records were apparently located in the area most heavily damaged in the fire at the National Personnel Records Center in 1973. The applicant was asked to provide copies of any records in his possession for use in evaluating his case; however, as of this date, the applicant has not responded. Therefore, the facts and circumstances pertaining to the applicant’s service could not be verified. The PH Medal is awarded for wounds or death as result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force. The PH is awarded for wounds received as a result of enemy actions. 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. 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 remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial noting after a complete review of the applicant's case, there has been no official documentation located or provided to support award of the PH Medal or to verify his POW status. The complete AFPC/DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 12 Apr 12 for review and comment within 30 days (Exhibit C). As of this date, no response has been received by this office. _________________________________________________________________ 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 an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While it appears the applicant’s records were destroyed by fire in 1973 at the NPRC, the burden of proof of an error or injustice rests with the applicant. Unfortunately, the evidence he has provided is insufficient for us to recommend approval of his request. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. _________________________________________________________________ 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-2011-04907 in Executive Session on 12 Jul 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Forms 149, dated 24 May 11 & 13 Jan 12, w/atch. Exhibit B. Letter, AFPC/DPSIDR, dated 28 Mar 12. Exhibit C. Letter, SAF/MRBR, dated 12 Apr 12.