RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02748 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His father’s records be corrected to reflect he was awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: His father received a wound due to shrapnel during World War II. He had metal pieces embedded in his leg throughout his life and he never received a Purple Heart for his injury. In support of this appeal, the applicant provides a personal statement, a newspaper article, a copy of the service member’s death certificate and DD Form 214, Enlisted Record and Report of Separation Honorable Discharge and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The decedent is a former member of the Army Air Corps who served on active duty from 3 April 1941 to 8 September 1945 as a truck driver. Data extracted from the decedent’s record indicate he was injured while in compound training in an unarmed combat company area. He was treated with a compressed bandage. Other records indicate the service member’s overseas duty with the 41st Division existed under primitive, tropical conditions during the early fighting stages in New Guinea. Additionally, notes from a VA examination reveal “the actual combat that he had was not important because most of his time was spent waiting and training and fighting the various tropical illnesses.” 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/DPSIDR recommends denial. The applicant does not provide a detailed account of the incident that resulted in the alleged wounding, nor does he provide witness statements. A thorough examination of the former member’s records from the time of his alleged wounding does not indicate the referenced wound. Additionally, in an examination by the Veterans Administration in October 1946, the decedent denied residuals of gunshot wounds or other injuries. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 16 September 2011, for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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 evidence of record and noting the applicant’s complete submission, we are not persuaded the former member’s records should be corrected to reflect his entitlement to the PH. In this respect, we note that 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. The evidence before us indicates the former member was injured while in compound training in an unarmed combat company area and the applicant provides no explanation as to the circumstances surrounding how the wound was incurred. Moreover, Item 34, Wounds Received in Action, of the former member’s Enlisted Record and Report of Separation, reflects “None.” While the newspaper articles submitted in support of this request are noted, they do not indicate the former member was injured either as a direct result of enemy action or while engaged in action against the enemy, simply that he was recovering from a leg wound. Therefore, in the absence of evidence to indicate the former member’s wound meets the eligibility requirements for the PH, we find no basis upon which to recommend favorable consideration of the applicant’s request. ________________________________________________________________ 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 BCMR Docket Number BC-2011-02748 in Executive Session on 14 February 2012, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 1 Apr 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 2 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 16 Sep 11. Panel Chair