RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00350
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be entitled to the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

He was wounded by enemy artillery fire during World War II 
(WWII) while serving in the Philippine Islands.  A Computed 
Axial Tomography (CAT) scan indicates he still carries the 
shrapnel.

In support of his request, the applicant provides copies of his 
WD AGO Form 53-55, Enlisted Record and Report of Separation – 
Honorable Discharge and medical documents.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

In accordance with AFM 900-3, during the period in question, the 
PH was awarded for wounds received in action against an enemy, 
or as a direct result of an act of any enemy, opposing armed 
force, or hostile foreign force.  For the purpose of considering 
award of the PH, a wound was defined as an injury to any part of 
the body from an outside force or agent.  A physical lesion was 
not required, provided the concussion or other form of injury 
received was due to direct enemy, opposing armed force, or 
hostile foreign force action.

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate office of 
the Air Force.  Accordingly, there is no need to recite these 
facts in this Record of Proceedings.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that the applicant's 
official Military Personnel Record (MPR) was among those most 
heavily damaged in the fire at the National Personnel Records 
Center (NPRC) in 1973.  The NPRC was able to reconstruct a MPR 
for the applicant; however, it contains limited information.  
After a thorough review of the applicant's limited official MPR, 
DPSID is unable to verify award of the PH.  The applicant has 
not provided a detailed account of how the injury occurred to 
include the date of injury, official medical documentation 
substantiating the applicant not only received a wound as a 
result of enemy action but also received medical treatment for 
that wound, or eyewitness statements.  Without said 
documentation, DPSID is unable to submit the applicant's request 
to the PH Review Board.  To award the PH would be contrary to 
the criteria established by DoDM 1348.33, Manual of Military 
Decorations and Awards.

The complete DPSID evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 31 May 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by 
this office (Exhibit D).

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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.  Although the 
applicant contends that he should be awarded the PH due to 
shrapnel wounds to his right leg, the documentation he provides 
is not sufficient to substantiate that his injury was the direct 
result of enemy action or incurred while in action against the 
enemy.  As such, we find that he has failed to sustain his 
burden of substantiating the existence of an error or an 
injustice in his records.  The applicant’s personal sacrifice 
and unselfish service to his country are noted and our decision 
in no way lessens our regard for his service; however, without 
sufficient documentation to substantiate that his injury was the 
direct result of enemy action or incurred while in action 
against the enemy, we are unable to verify his entitlement to 
the PH.  Therefore, in view of the above and in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application.

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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.

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The following members of the Board considered this application 
in Executive Session on 26 Sep 2013, under the provisions of AFI 
36-2603:

    , Panel Chair
    , Member
    , Member

The following documentary evidence was considered in AFBCMR BC-
2013-00350:

    Exhibit A.  DD Form 149, dated 16 Oct 2012, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID dated 13 May 2013.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 2013.
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