RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05582 (DECEASED) COUNSEL: NONE (APPLICANT) HEARING DESIRED: NO APPLICANT REQUESTS THAT: The decedent’s records be corrected to show that he was awarded the Purple Heart (PH). APPLICANT CONTENDS THAT: According to the decedent’s WD AGO Form 53-98, Certificate of Service, Item 30, Wounds Received in Action, he was wounded on 12 Nov 43 in New Guinea. He was never awarded the PH and his survivors would like to have his records corrected to reflect award of the PH. He assumes the paperwork for the award was lost due to the austere conditions the unit was operating under while in New Guinea. The applicant believes the Board should find it in the interest of justice to consider his untimely application as the records of World War II veterans should be corrected. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the decedent’s WD AGO Form 53-98, he was a member of the Army Air Corps from 13 Jun 42 to 6 Nov 45. According to the decedent’s Form 52b, Medical Department, U.S.A. dated 12 Nov 43, he accidentally shot himself in the right thigh while repairing a .30 caliber nose gun while on a combat mission. His WD AGO Form 53-98, Item 30, reflects he was wounded on 12 Nov 43 in New Guinea. On 30 Nov 90, the PH Review Board determined that based on the decedent’s personal statement that he incurred indirect injuries not associated with enemy combat; he did not meet the eligibility criteria for award of the PH. 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 any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peace keeping 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 service member’s medical record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID was unable to locate a signed certificate, special order or any other official documentation verifying the decedent was recommended for or awarded the PH. The decedent’s WD AGO Form 53-98 is annotated in Item 30, Wounds Received in Action, with 12 Nov 43, New Guinea; however, this would not be substantial enough to verify the wounds were received by enemy action. The decedent pursued award of the PH per his request dated 8 Sep 44; however, a memorandum from the Adjutant General dated 17 Feb 45, states the investigation in the case of the request for award of the PH found no information showing that an injury was sustained for which the PH may be awarded. Further, the decedent pursued a congressional request for award of the PH per memorandum dated 30 Nov 90. The PH Review Board found that he incurred indirect injuries not associated with enemy combat and did not meet eligibility for this award. DPSID also states the request was not filed in a timely manner. The request was not boarded due to the lack of any eyewitness statements and lack of medical documentation attesting to an injury caused by enemy action. To grant relief would be contrary to the eligibility criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and Chief of Staff. Based on a review of the decedent’s official military personnel record, DPSID was able to determine he should have been awarded the World War II Victory Medal (WWIIVM) and will administratively correct his record for award of the WWIIVM. The complete copy of the DPSID evaluation, with attachment, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 1 Aug 14 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 failed to sustain the burden of proof that the decedent was the victim of an error or injustice. Therefore, aside from the administrative correction to award the WWIIVM, we find no basis to recommend granting the relief sought in this application. 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-2013-05582 in Executive Session on 20 Jan 15 under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-05582 was considered: Exhibit A. DD Form 149, dated 25 Nov 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 7 Jul 14, w/atch. Exhibit D. Letter, SAF/MRBR, dated 1 Aug 14.