RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-04454 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His deceased uncle (the member) be awarded the Purple Heart (PH) Medal. APPLICANT CONTENDS THAT: He recently discovered his late uncle’s military paperwork and noticed he never received the PH. The deceased former military member was killed in action on 27 Nov 43 when his B-17 was shot down near Apecchio, Italy. All crewmembers were killed with the exception of the right waist gunner and the co-pilot who managed to parachute out and were taken as Prisoners of War (POW) upon landing. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: According to the limited documents contained in the deceased former military member’s official military personnel record he initially entered the Army Air Corps on 19 Aug 42. On 27 Nov 43, the deceased former military member was reported missing in action. The circumstances of disappearance: the plane in which he was a gunner failed to return from a bombing mission to Rimini, Italy, 27 Nov 43. The Finding of Death of Missing Person issued by the War Department, Adjutant General's Office, dated 13 Jan 45, officially listed the former military service member presumed dead on 28 November 1944. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial indicating there is no evidence of an error or an injustice. The Purple Heart 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 a 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 service member's 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 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. After a thorough review of the deceased former military member’s limited official military personnel record, we were unable to verify award of the Purple Heart. The next of kin provided the Finding of Death of Missing Person issued by the War Department, Adjutant General's Office, dated 13 Jan 45, officially listing the former military member, presumed dead on 28 Nov 44. There was no official documentation in the former military member’s record, nor was any provided with this request, to verify he was recommended for or awarded the Purple Heart. The only documentation provided states the former military member’s plane failed to return from a bombing mission on 27 Nov 43 and a subsequent document stating the plane crashed on 27 Nov 43. There is no official documentation stating why the plane crashed and it cannot be assumed the crash was due to enemy action. There is no evidence the former military member was killed due to enemy contact. Also, recommend disapproval due to the fact that the request was not filed in a timely manner as it has been over 70 years since the crash occurred. There is no documentation to support a primary next of kin (widow, parent, siblings) who would have been more familiar with the events as reported to them by the Adjutant General's Office at the time of the former military member 's death felt the circumstances surrounding his death deserved consideration for the Purple Heart. A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response, the applicant states he is the only living relative of the deceased former military member and only recently came across the personal belongings of his uncle. He has provided the Missing Air Crew Reports (MACR) Index 1303 report summarizing what occurred on 27 Nov 43 when his late uncle’s plane was attacked. A complete copy of the applicant’s response, with attachments is at Exhibit E. THE BOARD CONCLUDES THAT: 1. The applicant has not 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. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. There is an available avenue of administrative relief the applicant has not first pursued. 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 use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. In order to present a request to the Purple Heart Review Board, the following information is required: A detailed personal account of the circumstances surrounding the injury to include specifics as to how the former military member was injured, exact date of injury, unit of assignment, and rank held at the time of injury. Medical documentation to substantiate medical treatment was received. If medical documentation is not available, a statement from a medical officer (military or civilian) attesting that an examination revealed that an injury of the type incurred would or should have received medical treatment may be submitted. Statements from individuals not substantiated by either medical or official records will not be considered sufficient evidence of wounds. In this respect, entries on Reports of Separation are not considered official. Concerning service-related conditions noted by the Veterans Administration, the injury must have been a direct result of the enemy and meet the Purple Heart criteria. Unfortunately not all service-connected conditions, as determined by the Veterans Administration, meet the criteria for the award. If possible, an eyewitness account from an individual who saw the former military member injured and can attest to the circumstances surrounding the former military member's personal account. In view of this, we find this application is not ripe for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, we find no compelling 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-2014-04454 in Executive Session on 9 Jul 15, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-04454 was considered: Exhibit A. DD Form 149, dated 24 Sep 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIDR, dated 3 Feb 15. Exhibit D. Letter, SAF/MRBR, dated 25Feb 15. Exhibit E. Applicant Rebuttal, dated 3 Mar 15.