RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00214 COUNSEL: NONE (DECEASED) HEARING DESIRED: NO (APPLICANT) ________________________________________________________________ APPLICANT REQUESTS THAT: Her late, father’s record be corrected to show that he was awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: On 7 March 1945, her father was injured in action in a B-24 crash at Balete Pass in Luzon, Philippines. In support of her request, the applicant submits copies of her father’s death certificate, her driver’s license, and supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The former member’s military personnel records were located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973. Therefore, the following information has been extracted from the reconstructed military record. The former member was a member of the Regular Air Force who served on active duty from 9 November 1942, through 9 August 1945 and participated in the Southern Philippines and Luzon campaigns in the Asiatic-Pacific Theatre from 5 November 1943, through 19 April 1945, while assigned to the 403rd Bombardment Squadron, 43rd Bombardment Group. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: 1. AFPC/DPSID recommends denial. DPSID states that located in the former member’s record is the Certificate of Disability for Discharge dated 8 August 1945. This document states that the former member “accidently incurred (his injuries) when he crashed in a disabled plane, behind the Jap lines in Luzon, Philippines Islands, on 7 March 1945.” The former member's injuries are noted as accidental and not noted as caused by enemy action. The former member's WD AGO Form 53-33, Enlisted Record and Report of Separation, dated 11 August 1945, states there were no wounds received in action. 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. They were unable to locate any official documentation verifying award of the Purple Heart. Although it appears that the former member incurred injuries while in the Philippines, there is no medical documentation or any documentation indicating the injuries were due to enemy action. Additionally, insufficient justification or supporting documentation which reflects the former member was eligible for award of the Purple Heart nor sufficient evidence exists of an error or an injustice. 4. The applicant's request was not submitted to the Purple Heart Review Board as there is insufficient documentation to substantiate the former member received an injury caused by enemy action and also received treatment by a medical officer. 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 31 May 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. 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 that there is insufficient evidence in the former member’s record verifying he received a wound as a result of enemy action, received medical treatment, and was recommended for award of the Purple Heart. Therefore, in the absence of such evidence, 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, 24 October 2013 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR Docket Number BC-2013-00214: Exhibit A. DD Form 149 dated 13 Oct 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 13 May 2013. Exhibit D. Letter, SAF/MRBR, dated 31 May 2013. 1 2