RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02093
            INDEX NUMBER:  107.00
      XXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for injuries received during World  War
II.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While reviewing his records with the awards and decorations office  at
Davis-Monthan Air Force Base, he was advised that he was eligible  for
award of the Purple Heart.

The combat accident in which he was injured would not have happened if
it were not for  the  presence  of  Japanese  enemy  aircraft  in  the
vicinity of the airport, necessitating the use of alternative lighting
instead of regular runway lighting.  His accident  was,  therefore,  a
direct result of enemy activity and his back injury the equivalent  of
an enemy forced bailout.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

On 20 April 1970, while serving in the grade of colonel, the applicant
was hospitalized for the purpose of an executive physical  examination
and retirement  physical  examination.   Due  to  his  recurrent  back
difficulties, medical personnel determined that the  applicant  should
not be considered fit for worldwide duty and should be presented to  a
medical evaluation board (MEB).  An MEB convened  on  24  Apr  70  and
diagnosed the applicant  with  back  pain  and  facial  paralysis  and
referred him to a physical evaluation board (PEB).  On 20  May  70,  a
PEB was convened and diagnosed the applicant  with  degenerative  disc
disease, lumbosacral spine with recurrent incapacitating episodes  and
paralysis of the left facial nerve.  In their narrative  summary,  the
PEB indicates that the applicant was a pilot in a B-25H assigned to  a
single-ship low level attack-interdiction combat mission  against  the
enemy.  During the attempted take-off, a gear folded and the  aircraft
crashed, skewing about 180 degrees off to  the  side  of  the  runway.
During the skewing of the aircraft, the applicant was  struck  several
strong blows by the control wheel, which was  oscillating  full-travel
fore and aft rapidly, knocking the applicant  back  hard  against  the
seat.  After the crash, the applicant pulled himself through  the  top
hatch and jumped to the ground.  The next morning,  he  had  low  back
pain, which became progressively worse through  the  next  few  weeks.
The  applicant  continued  to  suffer  from  intermittent  back   pain
throughout his career.  The PEB  recommended  that  the  applicant  be
found unfit because of physical disability and that the disability was
the  direct  result  of  armed  conflict   or   was   caused   by   an
instrumentality of war and incurred in line of duty during a period of
war.  They further  recommended  that  the  applicant  be  permanently
retired with a compensable rating of 30 percent.  On 26  May  70,  the
applicant concurred with the recommended findings.  The  Secretary  of
the Air Force approved the PEB’s recommendations and the applicant was
retired effective 1 Sep 70.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial  of  the  applicant’s   request.    The
applicant was informed in Jan and May 03 that he was not eligible  for
award of the Purple Heart Medal, since his back injury was  caused  by
an aircraft accident.  The applicant contends that the accident was  a
direct result of enemy action because he attempted a nighttime takeoff
on a rough, dirt runway with only hand-held candles for runway  lights
instead of generator-run lights.  The generator-run  lights  were  not
used because of enemy aircraft in the  area.   The  applicant  himself
refers to the incident in which he injured his back  as  an  accident.
Since the aircraft crashed on  takeoff  and  no  enemy  aircraft  were
involved, the accident was not the  result  of  enemy  action,  but  a
culmination of adverse conditions.

The complete evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response to the Air Force evaluation, the applicant states that
AFPC/DPPPR shows a total lack of understanding  of  the  circumstances
and events surrounding the primitive  airfield,  the  crash,  and  his
resultant injury.  The applicant provides  additional  information  to
supplement the omissions and facts unknown,  not  understood,  or  not
sought after by AFPC/DPPPR, to include the date of  the  accident  and
other expanded details.  The applicant further discusses  AFPC/DPPPR’s
determination that since his crash was an accident it ruled out  enemy
causation.  He reiterates the circumstances that led to the crash  and
stresses that it was certainly caused by the enemy.

The applicant’s complete submission, with attachments, 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.   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  their  rationale  as  the
primary basis for our conclusion that the applicant has not  been  the
victim of an error or injustice.  While there is no dispute  that  the
applicant’s  heroic  service  led  to   his   injury,   the   specific
circumstances of his injury do not meet the criteria for award of  the
Purple Heart.  In our view, to ignore the clear, established  standard
for award of the Purple Heart would serve  to  undermine  the  medal’s
significance.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

4.  The applicant's case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially  add  to  our  understanding  of   the   issues   involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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-2003-
02093 in Executive Session on 8 October 2003, under the provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Martha Maust, Member
      Mr. Michael V. Barbino, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 May 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 21 Jul 03.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.
    Exhibit E.  Letter, Applicant, dated 5 Aug 03, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair