RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03990 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). APPLICANT CONTENDS THAT: He sustained injuries to his right foot and left knee when his B- 17 airplane was shot down enroute to Berlin, Germany. He parachuted out of the airplane and was held as a Prisoner of War (POW) for 14 months. He was in a total of five POW camps. Subsequently, he was liberated at Mooseburg, Germany by General Patton. After he was liberated it was noted that he sustained an injury to his right foot and left knee. However, nothing was done and he believes there should have been some follow-up to award him the PH for his injuries. In support of his request, the applicant provides copies of WD AGO 53-55, Enlisted Record and Report of Separation; Veteran’s Administration Adjudication Forms 564, Rating Sheet; NA Form 13059, Transmittal of and/or Entitlement to Awards; DA Form 1577, Authorization for Issuance of Awards and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant’s master personnel records were apparently 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 documents submitted by the applicant and through available documentation from National Archives and Records Administration (NARA). According to the applicant’s WG AGO 53-55, he was a member of the Army Air Corps and served on active duty from 27 Oct 42 through 14 Oct 45. He served three years and two days of total active service and is credited with one year, eight months and two days of Foreign Service. According to DD Form 2510, POW Medal Application/Information, dated 22 Jun 88; the applicant was captured on 6 Mar 44 and held a POW until 29 Apr 45. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The applicant did not provide a detailed account of the circumstances surrounding his alleged wounding nor did he provide any eyewitness statements. He did not provide, nor could it be located in his official personnel records, medical documentation supporting his request more contemporary with the event than 2 years and 10 months after the alleged wounding. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the SECAF, Chief of Staff, and/or the War Department. The PH is awarded to any member of the United States Armed Forces who, while serving under competent authority in any capacity with one of the United States Armed Forces, after 5 Apr 17, has been wounded, killed, or who has died or may hereafter die of wounds received under any of the following circumstances: In action against an enemy of the United States; in action with an opposing armed force of a foreign country in which the United States Armed Forces are or have been engaged; while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party; as a result of an act of any such enemy or opposing armed forces; as a result of an act of any hostile foreign force, after 28 Mar 73, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States; after 28 Mar 73, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; a Service member who is killed or wounded in action as the result of action by friendly weapon fire while directly engaged in armed conflict, other than as a result of an act of an enemy of the United States, unless the wound is the result of willful misconduct of the member; before 25 Apr 62, while held as a POW (or while being taken captive) in the same manner as a former POW who is wounded on or after that date while held as a POW. 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/health record. Award of the PH 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. After 7 Dec 41, to a Service member who is killed or dies while in captivity as a POW under circumstances establishing eligibility for the POW Medal, unless compelling evidence is presented that shows the member’s death was not the result if enemy action. The PH Review Board has the authority (on behalf of the Secretary of the Air Force (SECAF)), to determine a veteran's award of the PH. 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. The applicant’s case was not presented to the PH Review Board due to the absence of medical records contemporary to the event, a detailed personal statement and eyewitness statements. The applicant provided limited medical documentation for the period after the war until about 1950. His foot injury appears to have been ignored, as there was no evidence of the injury. The POW Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with one Silver Star and one Bronze Service Star, American Campaign Medal and the World War II Victory Medal should have been awarded during the applicant’s service and were not reflected in his records. Upon final determination by the Board, DPSOR will administratively correct the applicant’s records. The complete DPSID evaluation, with attachment, is at Exhibit B. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 Jan 14, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C). 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 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 (OPR) and adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error of injustice. 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-2013-03990 in Executive Session on 29 Jul 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 May 13, w/atchs. Exhibit B. Letter, AFPC/DPSID, dated 2 Jan 14, w/atch. Exhibit C. Letter, SAF/MRBR, dated 24 Jan 14 4