RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02470
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
A fifty (.50) caliber shell exploded and his hands, face, and eyes were
burned from the powder.
In support of his appeal, the applicant provided an account of two missions
and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Army Air Corps on 30 September 1943.
Medical records reflect that on 3 March 1945, the applicant was diagnosed
with superficial burns to the central portion of the cornea (right eye) and
superficial multiple burns about his face and neck, moderately severe. The
injuries were incurred on return from an operational mission on 26 February
1945 when a .50 caliber shell exploded in the B-17 when cartridges fell on
the floor.
On 23 April 1946, the applicant was honorably discharged in the grade of
staff sergeant under the provisions of AR 615-365 RR 1-1 (Convenience of
the Government/Demobilization).
The applicant received the following awards: the Air Medal, Good Conduct
Medal, American Theater Service Medal and European African Middle Eastern
Service Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial. They indicated that to be awarded the
Purple Heart (PH), a member must provide documentation to support that
wounds were a direct result of enemy action and that the wounds required or
received medical treatment by medical personnel. The applicant indicated
in his description of the event, that he was not awarded the Purple Heart
because his injuries were not due to enemy action. There is no evidence in
the applicant’s medical or personnel records, which proves he was injured
as a direct result of enemy action. A .50 caliber shell exploded and his
hands, face, and eyes were burned from the powder, after he was ordered to
throw out everything to make the plane lighter, due to the aircraft going
low on fuel.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided a response, with attachments, which 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 an error or an 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 and adopt their
rationale as the basis for our conclusion that the applicant has not been
the victim of an error or injustice. According to the applicant’s medical
records his injuries were not sustained as a direct result of enemy action.
In this respect we note that apparently returning from an operational
mission, he was ordered to throw everything out of the plane to make it
lighter because the aircraft was low on fuel. As a result of this action,
a .50 caliber shell exploded and his hands, face, and eyes were burned from
the powder. By his own admission, there was no enemy action involved in
this incident. While we wish to recognize the applicant’s sacrifices in
defense of our nation during a time of war, 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 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 02-02470
in Executive Session on 21 November 2002, under the provisions of AFI 36-
2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. James E. Short, Member
Mr. Laurence M. Groner, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 24 July 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 7 October 2002.
Exhibit D. Letters, SAF/MRBR, dated 11 October 2002.
Exhibit E. Letter, Applicant, dated 25 October 2002, w/atch.
ALBERT F. LOWAS, JR.
Panel Chair
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