RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05293 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: The PH should have been awarded to him for burns he sustained when the B-24 he was in received a direct hit by an 88MM shell on 23 September 1944. In support of his request the applicant submitted a copy of a narrative mission report dated 23 June 1944, and a collage of pictures reflecting his award of the DFC, release from POW status, foreign currency, and unit members. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: Documents in the applicant’s Military Personnel Record indicate he served in the Army Air Force in the grade of Technical Sergeant (TSgt). ________________________________________________________________ AIR FORCE EVALUATION: 1. HQ AFPC/DPSID recommends denial. DPSID states that without a detailed statement from the applicant and medical documentation verifying the wound required treatment, they cannot determine if the injury meets the criteria for award of the Purple Heart. 2. The Purple Heart is awarded to members of the United States 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 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 record. Award of the Purple Heart 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. 3. The Purple Heart Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran's award of the Purple Heart. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. 4. There was no official documentation, to include a Special Order, verifying the applicant was awarded the Purple Heart. The applicant's request was not reviewed by the Purple Heart Review Board as there were no detailed statement concerning the wounding and no medical records substantiating a wound had occurred. This could result in an injustice to the applicant if the Purple Heart Review Board made a decision without allowing the applicant an opportunity to provide the missing documentation. The applicant was contacted via e-mail on 31 January 2013, and asked to provide a detailed statement concerning the wound, but has yet to respond. 5. Based on their review of the applicant's official military personnel record, they were able to determine the below Air Force Medals and/or Ribbons should have been awarded during the applicant's service from 4 March 1943 to 22 August 1945 and were not reflected in his records: a. Distinguished Flying Cross (DFC). b. Prisoner of War Medal (POWM). c. American Campaign Medal (ACM). d. World War II Victory Medal (WWIIVM). e. European-African-Middle Eastern Campaign Medal with one Silver Service Star and one Bronze Service Star (EAMECM w/1SSS and 1BSS). Upon final board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR. The complete 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 14 April 2013 for review and comment within 30 days (Exhibit D). To date, a response has not been received. ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice with respect to the applicant’s request for award of the Purple Heart (PH) Medal associated with his purported injury on 23 September 1944. After reviewing the documentation submitted, we are persuaded by the accounting of the events that the applicant’s injury was sustained during combat mission and as the direct result of enemy action. In view of the above, and noting that a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable, we believe it appropriate to resolve this matter in the applicant’s favor. Furthermore, the absence of any information in the existing records pertaining to the treatment of his injury is not surprising in view of his approximately three months absence from military control while he was in Prisoner of War (POW) status. Therefore, in view of the above and in recognition of the applicant’s dedicated service to the nation, we recommend that his records be corrected as indicated below. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show his WD AGO Form 53-55, Enlisted Record and Report of Separation, dated 22 August 1945, be corrected in Item 33, Decorations and Citations, to reflect he was awarded the Purple Heart Medal. ________________________________________________________________ The following members of the Board considered this application in Executive Session on 4 September 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05293 was considered: Exhibit A. DD Form 149, dated 29 Oct 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 25 Mar 2013 w/atchs. Exhibit D. Letter, SAF/MRBR, dated 14 Apr 2013.