RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-05131 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show that he was awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He has shrapnel in his right knee from flying 61 combat missions in World War II (WWII). He didn’t know the shrapnel was in his knee until his doctor discovered it during surgery in Jun 05. In support of his request, the applicant provides a copy of a letter from his doctor, an article about his wartime experiences, and excerpts from his official military records. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant initially entered active duty on 28 Feb 43 and participated in aerial campaigns at Normandy, Northern France, the Rhineland, Central Europe, and the Ardennes. He was discharged on 3 Dec 45. At the time of his discharge, he was furnished a WD AGO Form 53-96, Military Record and Report of Separation Certification of Service, stating he received no wounds in action. Army policy at the time (AR 600-45, dated 22 Sep 43) stated the PH Medal was awarded to members who were wounded in action against an enemy of the United States and defined a wound as “an injury to any part of the body from an outside force, element, or agent sustained as a result of a hostile act of the enemy.” Today, the PH Medal is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or hereafter die of wounds in action against an enemy of the United States 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 a 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 and/or health records. Award of the PH Medal 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 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 described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, indicating there is no evidence of an error or injustice. The Purple Heart Review Board (PHRB) reviewed the applicant’s request IAW AFI 36-2803, The Air Force Awards and Decorations Program, and disapproved award of the PH Medal to the applicant. Although the applicant provided a statement from his doctor verifying he had discovered a tiny piece of shrapnel in the applicant’s knee in 2005, given the number of years which have passed since WWII, it cannot be verified the shrapnel was related to enemy action. DPSID was unable to locate any official medical documentation within the applicant’s official Military Personnel Records or medical records substantiating the applicant received and/or was treated for a shrapnel wound while serving in WWII, nor has the applicant provided any such documentation to support his claim. The applicant’s injury does not meet the criteria for award of the PH Medal. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Aug 12 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 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 the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his outstanding service. However, in the absence of any evidence to indicate that his purported injury was sustained due to enemy action, 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-2011-05131 in Executive Session on 20 Nov 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Dec 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 6 Aug 12. Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.