RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02526
INDEX CODE: 108.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained injuries when his aircraft was shot down over Cologne,
Germany on 17 Oct 44. In making the forced parachute jump from the
aircraft, he sustained back and hip injuries. He did not receive
medical attention at that time, as he was captured and interned. He
eventually escaped.
In support of his appeal, the applicant provided extracts from his
military personnel records, a personal statement, and Department of
Veterans Affairs (DVA) documentation.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Available documentation indicates that the applicant was appointed a
second lieutenant, Air Corps (Officers’ Reserve Corps), on 13 Nov 43,
as a Bombardier and ordered to extended active duty on the same date.
On 17 Oct 44, the applicant was reported as missing in action (MIA)
over Germany as a result of an aircraft incident in which the aircraft
was observed flying at about 12,000 feet with its number one engine on
fire. On 26 Nov 44, the applicant’s mother was notified that he was a
prisoner of war (POW) of the German government. On 1 May 45, he was
returned to military control.
On 30 Aug 45, he was appointed a first lieutenant, Army of the United
States (Nurses’ Reserve). He was relieved from active duty on 18 Oct
45.
On 13 Nov 46, the applicant was promoted to the grade of captain, Army
of the United States (Officers’ Reserve Corps).
On 10 Jul 53, he was appointed a captain, Air Force Reserve. He was
promoted to the Reserve grade of major on 1 Jul 55.
On 8 Aug 61, the applicant was relieved from his Reserve assignment
and honorably discharged from all appointments in the United States
Air Force in the grade of major.
On 17 Jun 80, the Recognition Programs Branch responded to the
applicant’s request for award of the Purple Heart Medal. They
indicated that the medal is awarded to individuals who received
injuries as the result of a direct act of a hostile foreign force.
After carefully reviewing his military and medical records, they
stated that no evidence existed documenting the fact he was injured
while bailing out or while in a POW status.
_________________________________________________________________
AIR FORCE EVALUATION:
The Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and recommended denial. DPPPR indicated that the Purple Heart Medal
is awarded for wounds received as a direct result of enemy action
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or
forced aircraft bail out injuries). In addition, it is necessary that
the wound would have required or received treatment by medical
personnel. Indirect injuries do not meet the criteria for award of
the Purple Heart Medal.
For the purpose of award, indirect results of enemy action are not
basis for award of the Purple Heart Medal. Indirect results include,
but are not limited to:
(1) Disease (malnutrition, dysentery, pneumonia, etc.)
(2) Exposure (climatic elements to include frostbite)
(3) Injury incurred as a secondary effect of enemy action
(i.e., bailing out of a disabled aircraft or mid-air collision of
allied aircraft though over enemy territory). The injuries must have
incurred from the exploding device or shrapnel from the device itself.
(4) 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.
According to DPPPR, there was no evidence in the applicant's medical
or personnel records which were provided that he had been injured as a
direct result of enemy action. His injuries were incurred upon
landing and do not meet the criteria of this prestigious award.
A complete copy of the DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 Nov
00 for review and response. 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 probable 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 (OPR) and adopt their rationale as
the basis for our decision that the applicant has failed to sustain
his burden that he has suffered either an error or an injustice. We
believe it should be pointed out that the applicant’s decorated
service and sacrifice for his country has not gone unnoticed.
Notwithstanding this, no evidence has been presented which has shown
to our satisfaction that the applicant met the established criteria
for award of the Purple Heart Medal. In view of the above, and in the
absence of clear-cut evidence to the contrary, we find no compelling
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 probable 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 this application in
Executive Session on 17 Jan 01, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Ms. Carolyn J. Watkins, Member
Mr. John E. Pettit, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Sep 00 w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 20 Oct 00.
Exhibit D. Letter, SAF/MIBR, dated 3 Nov 00.
TERRY A. YONKERS
Panel Chair
_________________________________________________________________ AIR FORCE EVALUATION: The Recognition Programs Branch, AFPC/DPPPR, reviewed this application and indicated that to be awarded the Purple Heart Medal, a member must provide documentation to support he was wounded as a direct result of enemy action. Accordingly, we recommend that the applicant’s records be corrected to reflect award of the DFC. We note the applicant’s request that his records be corrected to reflect award of...
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