RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02709 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: Her late father be entitled to the Purple Heart (PH) medal. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Based on her Mom’s statement, her father’s eardrum was ruptured when his gun was hit by flak. He was treated at the base hospital for a ruptured eardrum and flak was removed from his chest. He avoided having the injury put in his record because he thought it may have interfered with his flight status. In support of her appeal, the applicant provides a statement from her mother; a statement from a former member; a copy of her birth certificate; her father’s death certificate; a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation, issued in conjunction with his 11 Oct 45 separation, and other supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent was discharged, on 11 Oct 45, with service characterized as honorable. He was credited with 2 years, 5 months, and 1 day of continental service, including 4 months and 13 days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, stating, in part, that they were not able to verify any official military or medical documentation, a detailed account of the event, or an eyewitness statement in the available records. The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). In addition, it is necessary the wounds required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the 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 aircraft member in a passenger status as a result of the aircraft’s evasive measures against hostile fire. Injuries or wounds that also do not qualify for award of the PH are frostbite or trench foot injuries, heat stroke, and food poisoning not caused by enemy agents, etc. The complete AFPC/DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The deceased member’s widow provides her account of the mission that resulted in the former member’s injury. Additionally, one of his former crew members submitted statements in support of the application. The applicant’s complete response, with attachments, is at Exhibit E. ________________________________________________________________ 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, including the letters from the deceased former member’s family and the recollection of the engineer depicting the events during one of their missions between March and July 1944. The acts of heroism and personal sacrifice the former member endured for our nation is noted; however, based on our review of the evidence of record and the documentation submitted in support of the appeal, we do not find it sufficient to recommend award of the Purple Heart Medal. Regrettably, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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-2010-02709 in Executive Session on 10 February 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 18 Jun 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 28 Sep 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10. Exhibit E. Letter, Applicant, dated 29 Oct 10, w/atchs.