RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01822 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: In 1944, while serving in the United States Army Air Corp, he was in a war zone in Italy and was injured in an automobile accident. In support of his request, the applicant provides a copy of his DD Form 149, Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552. His complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served as a Combat Infantry Badge Driver while assigned to the 88th Infantry Division, 349th Infantry Company H., Italy, during World War II. He received an honorable discharge on 31 Oct 45. On 23 Sep 13, the Purple Heart Review Board (PHRB) considered the applicant’s request to be awarded the PH; however, his request was denied. 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 stating the applicant’s injury does not meet the criteria for award of the PH. In this respect, the applicant was driving a jeep that collided with another car causing injury to his lower lip and loss of teeth. Based on a review of his records and in view of the PHRB’s disapproval since the injury was not the result of enemy action, they cannot support this request. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He realizes that he was not injured from enemy action, but while serving in a hostile area and driving in a hostile environment he was in the automobile accident. He is 100 percent disabled and all his medical records are in the Veterans Administration (VA) health care system. His records were destroyed in a fire. He trusts that his word is accepted and that the military will correct this oversight. The applicant’s complete submission 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 timely filed. 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 applicant’s complete submission, we find no evidence that the applicant’s records should be corrected to show he was awarded the PH. While we note he was injured while driving in a hostile environment, his injury does not meet the criteria for award of the PH. 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. Although the applicant may be 100 percent disabled 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 II; however, insufficient evidence has been presented to warrant correcting his records to reflect his entitlement to the PH. ________________________________________________________________ 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 AFBCMR Docket Number BC-2013-01822 in Executive Session on 18 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence for AFBCMR Docket Number BC-2013-01822 was considered: Exhibit A. DD Form 149, dated 11 Apr 13, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 12 Nov 13. Exhibit D. Letter, SAF/MRBR, dated 24 Dec 13. Exhibit E. Letter, Applicant, undated. 3 4 5