RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01938 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: He was injured during ejection while on a bombing mission in Jul 67. He believes “it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel.” Commanders must also take into consideration the circumstances surrounding an injury even if it appears to meet the criteria. In support of his request, the applicant provides an SF Form 502, Medical Record - Narrative Summary, dated 15 Jul 67. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 16 Nov 59 to 30 Jun 80, and was credited with 20 years, 7 months, and 15 days of active duty service, of which 5 years, 7 months and 25 days was Foreign Service. The PH is awarded for wounds received as a direct result of enemy actions (i.e., 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. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire or Post- Traumatic Stress Disorder. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDR states the applicant does not meet the criteria for award of the PH. The applicant’s SF Form 502, states he was “ejected from a B52 on 7 Jul 67 following an in-air collision with another B52” and transferred from Southeast Asia to Anderson AFB, Guam to recover from his injury. The applicant’s Officer Effectiveness Report (OER) covering 17 May 67 to 16 Nov 67, also confirms he was involved in a mid- air collision while on temporary duty (TDY) in Southeast Asia. However, there is no official documentation verifying the mid-air collision or the applicant’s injuries were caused by direct enemy action nor does the applicant claim his injury was due to direct enemy action. The complete DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: According to his interpretation of Army Regulation (AR) 600-8-22, Military Awards, dated 11 Dec 06, the provisions of Section 1130 of Title 10, United States Code, allows for the consideration of awards not previously considered or the upgrade of decorations previously approved. Additional documentation of the mid air collision can be found in a book titled “We Were Crew Dogs.” According to AR 600-8-22, examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: Accidents, to include explosives, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; however, he contends that he would not have been on that mission if the enemy had not stored munitions in their target area to be used against their troops. The applicant’s complete response 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 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 thoroughly reviewing the evidence of record and his response to the Air Force evaluation, we are not persuaded that he has been the victim of an error or injustice. The applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to substantiate that he has a qualifying injury that warrants award of the PH. In the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 Docket Number BC-2011-01938 in Executive Session on 22 Sep 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 11 Aug 11. Exhibit D. Letter, SAF/MRBR, dated 19 Aug 11. Exhibit E. Letter, Applicant, dated 22 Aug 11. Panel Chair