RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01833 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show entitlement to the Purple Heart (PH) and Prisoner of War (POW) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He was shot down over Japan and held a POW on the island of Hokkaido in northern Japan from 1 Jan 45 to 2 Sep 45. He received shrapnel wounds while on a mission over Tokyo. He has been classified in a lower priority category by the Department of Veterans Affairs (DVA) and is unable to receive additional benefits. In support of the request, the applicant provides copies of personal statements, a letter of support, and extracts from his master personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The available records reflect the applicant entered the Army Air Corps on 27 Nov 44 and was honorably discharged on 6 Jan 46. An NA Form 13038, Certification of Military Service, issued on 29 Apr 10, reflects he had prior honorable service from 15 Dec 42 to 26 Nov 44. The applicant’s records were destroyed in the 1973 fire at the National Personnel Records Center. The applicant’s WD AGO Form 53-55, Military Record and Report of Separation – Certificate of Service, issued in conjunction with his 6 Jan 46 separation, reflects “None” for wounds received in action. Additional information contained in the records reflects the applicant was progressively promoted to the grade of first lieutenant and served as a bombardier with the 436th Bombardment Squadron, 7th Bombardment Group. Medical records and records of the applicant’s enlistment from the period 15 Dec 42 to 26 Nov 44 are unavailable. The applicant is credited with award of the Air Medal with one Oak Leaf Cluster, the Asiatic Pacific Campaign Ribbon with three Bronze Service Stars, the World War II Victory Medal, and the American Theater Campaign Ribbon. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. The POW Medal is awarded to any person who was taken prisoner or held captive while engaged in an action against an enemy of the United States while engaged in military operations involving conflict with an opposing armed force; or while serving with friendly forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPWC recommends denial for the award of the POW Medal. DPWC states they were unable to confirm he was a POW. The complete HQ AFPC/DPWC evaluation is at Exhibit C. HQ AFPC/DPSIDR recommends denial of the POW Medal and PH. DPSIDR states no official documentation was located or provided to verify the applicant’s claims. The complete HQ AFPC/DPSIDR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant and counsel on 23 Dec 10 for review and comment within 30 days (Exhibit D). As of this date, this office has not received a response. _________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, 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 Docket Number BC-2010-01833 in Executive Session on 17 March 2011, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered for AFBCMR Docket Number BC-2010-01833: Exhibit A. DD Form 149, dated 3 May 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPWC, dated 16 Nov 10. Exhibit D. Letter, HQ AFPC/DPSIDR, dated 17 Dec 10. Exhibit E. Letter, SAF/MRBR, dated 23 Dec 10. Panel Chair