RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02207
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was shot down on a combat mission and was injured when he landed on
a rocky hillside. He believes it is unjust he suffered an injury and
was tortured as a prisoner of war (POW) without receiving the Purple
Heart.
In support of his request, the applicant provided extracts from his
military personnel records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant was appointed a second lieutenant, United States Air
Force Reserve, on 15 Dec 51, and was ordered to extended active duty.
He was appointed a second lieutenant, Regular Air Force, on 14 Apr 52.
A Standard Form 502, Clinical Record (Narrative Summary), indicates
that on 1 Jun 55, the applicant was examined at Tripler Army Hospital
as a recently liberated POW of the Chinese Communists. At the time he
was shot down in action on 4 Sep 52, he sustained minor injuries
consisting of scratches, bruises, and twisting of his lower back.
A Narrative Summary, dated 31 Oct 77, indicates the applicant was
involved in two crashes, one crash from which he ejected. He first
complained of cervical pain on 30 Sep 69. An X-Ray and a clinical
investigation suggested his pain was due to a retropharyngeal abscess,
for which he was admitted and treated with Ampicillin, and recovered
uneventfully.
On 31 May 78, the applicant was relieved from active duty and retired,
effective 1 Jun 78, in the grade of colonel. He was credited with 27
years, 6 months, and 18 days of total active service.
Medical documentation from the Department of Veteran Affairs, dated
23 Feb 84, indicates the applicant injured his cervical spine in 1976
in a plane spin, resulting in whiplash of his head and his neck was
very painful on all movements.
By letter, dated 22 Sep 03, AFPC/DPW notified the applicant his
records were being corrected administratively to reflect his status as
a POW (Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating the applicant did not provide
any details, such as the type of injury he sustained, how it resulted
from enemy action, or the date it occurred, and there was no
documentation showing the applicant was injured or treated for any
injury incurred as a result of enemy action. Since he has not
provided the basic information necessary to support his appeal, or any
medical documentation to substantiate his claim, they are unable to
verify his eligibility for award of the Purple Heart Medal.
A complete copy of the AFPC/DPPPR evaluation, with attachments, is at
Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 30
Jan 04 for review and response. As of this date, no response has been
received by this office (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 a thorough review of the
applicant’s submission and the available evidence of record, the Board
was not persuaded the applicant met the established criteria for award
of the Purple Heart (PH) Medal. 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 the applicant has failed to sustain his burden that
he has suffered either an error or an injustice. Should he secure
supporting documentation or a notarized account from an individual who
eye witnessed his injuries, the Board would be willing to reconsider
his request for the PH. We are not unmindful or unappreciative of his
service to his Nation. Nevertheless, without evidence that he was
wounded as a direct result of enemy action, the Board finds no
compelling basis to warrant favorable consideration of his
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 BC-
2003-02207 in Executive Session on 10 March 2004, under the provisions
of AFI 36-2603:
Ms. Brenda L. Romine, Panel Chair
Ms. Kathleen F. Graham, Member
Ms. Ann-Cecile M. McDermott, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPW, dated 22 Sep 03.
Exhibit D. Letter, AFPC/DPPPR, dated 13 Jan 04, w/atchs.
Exhibit E. Letter, SAF/MRBR, dated 30 Jan 04.
BRENDA L. ROMINE
Panel Chair
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