RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-04428 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: The Purple Heart was not awarded to him when he separated. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Air Corps who served from 29 July 1943 through 12 December 1945. Item 24, Wounds Received in Action, of the WD AGO Form 53-55, Report of Separation, issued in conjunction with 12 December 1945 separation, reflects “None.” Documentation submitted by the applicant shows he was treated for a foot wound on 21 March 1945. The documentation also states it was a non-battle injury. 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/DPSID recommends denial. The PH is awarded to members of the United States Armed Forces who have been wounded, killed or who have died, or may hereafter die, of wounds received in action against an enemy of the United States or opposing force as a result of an act of such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the members medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the member’s medical report that the extent of the wounds were such that they would have required medical treatment by a medical officer of one had been available to treat them. The applicant was serving with the 103rd Infantry Division of the Army in the European theater during World War II when he was wounded on 21 March 1945. He contends he should be awarded the PH for injuries he received during a fire fight. He states a German machine gun bullet hit the rim of his helmet and fragments wounded the back of his left hand. However, medical documentation refers to the injury as a non-battle injury. The Purple Heart Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s award of the Purple Heart. Each request is considered based on the policies and criteria in used at the time of the veteran’s injury and based on the documentary evidence presented. The Purple Heart Review Board considered and denied the applicant’s request on 28 January 2013. The applicant’s injury does not meet the criteria for the award of the Purple Heart. 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 8 March 2013, 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 and noting the PH criteria in effect during the period under review, we are not persuaded that his records should be corrected to reflect his entitlement to the PH. In this respect, we note the applicant’s Report of Separation reflects that he received no wounds in action. In addition, the medical evidence submitted in support of his request indicates the wound to his foot was a “non-battle” injury. Therefore, in the absence of eyewitness statements or additional medical documentation to confirm that he was injured as a direct result of enemy action or while engaged in action against the enemy, 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 AFBCMR Docket Number BC-2012-04428 in Executive Session on 29 May 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-04428 was considered: Exhibit A. DD Form 149, dated 15 May 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 19 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 8 Mar 13.