RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03383 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1) His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. 2) His records be corrected to reflect he was a Prisoner of War (POW). 3) His records be corrected to reflect his Battle (Bronze Service) Stars (ADMINISTRATIVELY CORRECTED). ________________________________________________________________ APPLICANT CONTENDS THAT: He believes he earned the above awards and did not know they were not listed until his daughter insisted that he request issuance of them through his congressman. In support of his appeal, the applicant submits a copy of his WD AGO Form 106, copies of his AAFRS4 Form 2-72, a letter from his son to his congressman, and correspondence from his congressman. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant's military personnel records were destroyed by fire in 1973. Therefore, some of the facts surrounding his service cannot be verified. Data extracted from his reconstructed records reflect he enlisted in the Army Air Corps from 30 September 1942 to 8 December 1945 and in the Regular Air Force from 28 December 1945 to 11 October 1948. He served as an Intelligence Noncommissioned Officer and a Carbine Sharpshooter. The applicant’s Enlisted Record and Report of Separation reflect he was awarded the World War II Victory Medal and the Army of Occupational Medal. In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. For the purpose of awarding the PH, a wound was defined as an injury to any part of the body from an outside force, element, or agent, sustained as the result of a hostile act of the enemy, or while in action in the face of the enemy. When a person eligible for award of the PH was treated for a wound, the commanding officer of the hospital, or the medical officer who treated the wound, furnished the commanding officer of the wounded person a certificate briefly describing the nature of the wound, and certifying the necessity of treatment. In addition, a wounded soldier’s unsupported statement could be accepted in unusual or extenuating circumstances when, in the opinion of the officer making the award, no corroborative evidence was obtainable. However, the statement would be substantiated if possible. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPWC recommends denial. DPWC states the applicant’s reconstructed records reflect the applicant‘s aircraft was shot down and he was an evadee for 8 months. There is no mention of his capture. The applicant is not listed in the WWII POW database. There is also no record of the applicant being a POW at the U. S. National Archives and Records Administration. The complete DPWC evaluation is at Exhibit C. AFPC/DPSIDR was able to verify the applicant’s entitlement to the European-African-Middle Eastern Campaign Medal with One Bronze Service Star and the Good Conduct Medal with Two Bronze Stars. However, they were unable to verify the applicant’s entitlement to the PH Medal. The complete DPSIDR evaluation is at Exhibit D. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 8 July 2011 for review and comment within 30 days (Exhibit E). As of this date, this office has received no 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 an error or injustice. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence that his records should be corrected to show he was awarded the PH and the POW medal. As such, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The applicant’s honorable service is noted. Regrettably, we do not find that the available relief beyond that already granted administratively is warranted. Therefore in the absence of evidence to the contrary, we find no basis to recommend any further 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 Docket Number BC- 2010-03383 in Executive Session on 9 August 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-03383: Exhibit A. DD Form 149, dated 6 Nov 09 w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPWC, 18 Nov 10 Exhibit D. Letter, SAF/MRBR, dated 8 Jul 11.