RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02024 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His deceased father’s record be corrected to show he was awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: He is looking for documentation to show the location and date his father was injured during World War II in order to enter his name into the PH museum in Newburgh, New York. In support of his request, the applicant provides copies of his father’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; National Archives and Records Administration Form 13059, Transmittal of and/or Entitlement to Awards; certificate of retirement, death certificate, marriage certificate and a general power of attorney. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 November 1942, the former member enlisted in the Regular Army. On 29 December 1945, he was demobilized. He served 3 years, 1 month and 20 days of total active service. On 24 September 1948, he enlisted in the Regular Army. On 25 June 1952, he was discharged with an honorable discharge for the convenience of the government (COG). He served three years, nine months and two days of total active service. The former member served a total of 6 years, 10 months and 22 days of total active service in the Army. On 20 January 1953, the former member enlisted in the Regular Air Force. On 30 September 1966, he was discharged with an honorable discharge. He served 20 years, 7 months and 3 days of total active service between the Army and Air Force. The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshots 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 aircraft member in a passenger status as a result of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states they were unable to locate any official medical documentation verifying the applicant was ever recommended for or awarded the PH, nor were they able to locate any official documentation verifying the applicant received an injury by direct result of enemy action during World War II (WWII). DPSIDRA notes that according to the VA Form 21-526, Veteran’s Application for Compensation or Pension, box 19 shows the only “sickness, disease, or injury” claimed by the applicant’s deceased father was a strep infection and an ulcer operation The complete DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states no records indicating his deceased father’s unit, company, date of arrival into the conflict or departure from the WWII conflict seemed to have been found. He knows his father was sent to England after the injuries connected to WWII. The applicant wants to have the documentation or information regarding his father’s time spent in the European theater with the US Army in 1944-45, as well as, an explanation as to why he received a 10 percent disability. The applicant’s complete response 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. After a thorough review of the available evidence and the applicant’s complete submission, we find it insufficient to conclude the deceased member was injured as a direct result of enemy action or friendly fire as required for award of the PH. Therefore, 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 deceased member has not been the victim of an error or injustice. The applicant also requests documentation reflecting the location and date his deceased father was injured during World War II. Unfortunately, the Board is not the custodian of your father’s master military personnel records. You may obtain a copy by submission of a written request to the National Personnel Records Center, 1 Archives Drive, Saint Louis, Missouri 63138. While we appreciate and honor the deceased member’s service to his country, in the absence of evidence substantiating that his deceased father was injured as a direct result of enemy action, 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-2010-02024 in Executive Session on 3 November 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-02024 was considered: Exhibit A. DD Form 149, dated 25 May 2011, w/atchs. Exhibit B. Applicant's Available Military Records. Exhibit C. HQ AFPC/DPSIDRA, Letter, dated 25 August 2011. Exhibit D. SAF/MRBR, Letter, dated 16 September 2011. Exhibit E. Applicant’s Rebuttal, Letter, dated 25 September 2011.