RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03186 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal and the Combat Infantry Badge (CIB). ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was wounded in action and while in the hospital he refused to sign the forms presented to him because he did not want his parents to know that he had been shot. However, he should have been awarded the PH and the CIB. In support of his appeal, the applicant provides a copy of his WD AGO 53-55, Enlisted Record and Report of Separation, issued in conjunction with his 23 Apr 46 discharge; a copy of his WG AGO Form 100, Separation Qualification Record, and additional supporting documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s master personnel records were damaged by fire at the National Personnel Record Center (NPRC), in St. Louis, in 1973. Therefore, the following facts have been extracted from the documents submitted by the applicant and through available documentation from the NPRC. He is a former member of the Army Air Force who served in the European Theatre of Operation from 24 Feb 45 to 9 Apr 46, as a clerk typist. He participated in the Rhineland and Central Europe campaigns. His WD AGO Form 53 55, reflects that he was awarded the American Campaign Medal, the European African Middle Eastern (EAME) Campaign Medal, the Good Conduct Medal, and the World War II Victory Medal. He was credited with one year, six months, and two days of continental service and one year, two months, and three days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIM recommends denial, stating, in part, in accordance with (IAW) the current Air Force Instruction, the CIB is not authorized to Air Force personnel for permanent wear. The CIB is the United States Army combat service recognition badge awarded to individuals who personally fought in active ground combat while assigned to either an infantry or special forces unit any time after 6 Dec 41. They found no supporting documentation in the applicant’s case file that supports his claim that he was shot or wounded during World War II (WWII) or assigned to one of those units during his service. In addition, they note that sister-service badges are worn only while permanently assigned to and performing duties with other services. The complete AFPC/DPSIM evaluation is at Exhibit C. AFPC/DPSIDR recommends denial of the PH medal, stating, in part, that they were unable to locate official military and medical documentation, a detailed account of the event, or an eyewitness statement to verify the applicant’s claim. 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. Based on the available evidence of record, no documentation was located or provided to substantiate the applicant’s claim of wounds received from enemy action. The complete AFPC/DPSIDR evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 7 Jan 11 for review and comment within 30 days. As of this date, no response has been received by this office (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 in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The acts of heroism and personal sacrifice the applicant 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 PH or the CIB. 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 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-2010-03186 in Executive Session on 26 May 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Jan 10, Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIM, dated 8 Nov 10. Exhibit D. Letter, AFPC/DPSIDR, dated 9 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 7 Jan 11.