RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04155 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the PH Medal for wounds received while on a bombing mission over Europe during World War II. His wounds were treated in Marsh Field, CA. In support of his request, the applicant submits an eyewitness statement, dated 26 July 2011 and documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 6 April 1942 to 6 December 1945, as a Pilot, Flying Instructor, and Management Control Officer. 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. DPSIDR states the PH is awarded for wounds or death as result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot 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. A detailed personal account of the circumstances surrounding the injury is required to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. If possible, an eyewitness account should be provided from individuals who saw the injury and can attest to the circumstances surrounding the personal account. The applicant provided as evidence an eyewitness statement, which gives the date of the injury as 6 June 1944, and the site of the injuries as the former service member’s leg. DPSIDR was able to locate medical records in the applicant’s military personnel records from 28 August 1945 to 19 March 1951 that contain references to the applicant’s right leg. WDMD Form 55A, dated 28 August 1945, describes the injuries to the right leg were caused by a crash landing in a B-17 in 1943. In an application for pension, dated 21 October 1945, the injury was indicated as caused by a crash in 1943, with a stay in the 389th Bomb Group Hospital, England, for three days in December 1943. On 5 December 1948, on a Report of Contact by the Veterans Administration, the applicant claimed he received the injury to his leg “in combat while flying on a mission.” A Report of Physical Examination WD AGO Form 63, not dated, lists the injury as due to a crash landing, and enters that the applicant “Denies other illnesses, injuries or operations. VA Form 10-2545, dated 19 March 1951, indicates the injury was incurred “while flying over Germany, in July 1945” and notes the applicant was hospitalized at the 398th base hospital for one month. None of the medical records from the base hospital in England were present in the applicant’s MPR. The evidence is incomplete and frequently contradicts itself. The medical records contain both references to a crash landing in 1943 and a wounding in 1944. The eyewitness statement’s dates are not consistent with the rest of the evidence. If the injury occurred because of a crash landing in December 1943, there is no evidence directly linking the crash to enemy action. If the wound occurred during a bombing run in 1944, there is no evidence that the wound was treated; the medical evidence supports an injury in 1943. Therefore, due to a lack of evidence establishing the aircraft crash was combat related, or that the 1944 injury was ever medically treated, he is not entitled to award of the PH. The DPSIDR complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 13 January 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days (Exhibit D). 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 timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he is entitled to the Purple Heart. In this respect, we note the applicant’s medical records indicate that he injured his right tibia in December 1943 in a crash landing in England, ultimately resulting in surgery to remove plexi-glass in September 1945. However, we find no evidence the crash landing was the direct result of enemy action. The applicant’s former crewmember indicates the applicant incurred injuries to his leg from enemy flak on 6 June 1944 (D-Day) while on a bombing mission over enemy-occupied Pas de Calais, France; however, his medical records do not contain any record of treatment for this injury and his report of separation indicates that no wounds were received in action. Moreover, although he may have been awarded a medical pension for the injuries he received while on active duty, this does not establish, in and of itself, that the injuries were incurred as a direct result of enemy action or while in action against the enemy. We are not unmindful of the personal sacrifice the applicant endured for his country during World War; however, insufficient documentary evidence has been presented to warrant correcting his records to reflect his entitlement to the Purple Heart. Should he provide evidence indicating that either the 1943 crash landing was the direct result of enemy action or that he received medical treatment for injuries incurred as a direct result on 6 June 1944, we would entertain his request for reconsideration of his request. However, in the absence of such, he has not met his burden of establishing the existence of an error or injustice in his records. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an 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-2011-04155 in Executive Session on 7 June 2012, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2011-04155 was considered: Exhibit A. DD Form 149, dated 29 March 2011. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 15 December 2011. Exhibit D. Letter, SAF/MRBR, dated 13 January 2012.