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AF | BCMR | CY2004 | BC-2003-02718
Original file (BC-2003-02718.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02718
            INDEX CODE:  107.00

            COUNSEL:  VFW

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS:

Award of the Purple Heart (PH) Medal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was an airborne radio operator assigned to  an  Air  Rescue  Squadron  at
Yokota AFB, Japan.  On 31 January 1951, his aircraft crashed on takeoff  and
he received injuries that caused him to be hospitalized for five  days.   He
believes that since his aircraft crashed on  takeoff  for  a  Korean  Escort
mission, it was a direct result of enemy  action.   Had  there  not  been  a
Korean War, there would have been no reason for the B-29  Bomb  Squadron  to
be flying bombing missions on North Korea targets and no reason for  the  B-
45 surveillance flights; therefore, there would have been  no  need  for  an
escort mission.  If his assumptions are valid, then the wounds and  injuries
he received from the crash landing is as dangerous as  the  forced  aircraft
bailout injuries and should qualify him for award of the PH.

In support of his request, applicant submits a  personal  statement,  copies
of a commendation letter, WD AAF Forms 5A  (Individual  Flight  Record)  and
pictures of the aircraft crash scene.  The applicant’s complete  submission,
with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date is 1 June 1948.

Information extracted from  applicant’s  military  medical  records  reveals
that, on 31 January 1951, he was hospitalized as a result of  a  B-29  crash
in the woods, approximately two miles  south  of  Japan  Air  Base,  due  to
engine failure.  Applicant’s DD Form 214, with the  separation  date  of  31
May 1952, reflects his duty assignment  with  Flight  ???,  ???  Air  Rescue
Squadron, no wounds received as a result of action with enemy  forces;  and,
that he was awarded the Army of Occupation Medal -  Japan,  Air  Medal  with
one oak  leaf  cluster,  Korean  Service  Medal  with  three  bronze  stars,
Distinguished Unit Citation and Aircrew Member Badge.

The applicant was progressively promoted to the grade of technical  sergeant
(E-6), with an effective date and date of rank of 1 June 1965.   On  3  July
1968, he was relieved from  active  duty  in  the  grade  of  E-6  under  to
provisions  of  AFM  35-7  (Permanently  Retired  by  Reason   of   Physical
Disability) and retired, effective 4 July 1968.  At the time of  retirement,
the applicant served a total of 20 years, 1  month  and  3  days  of  active
service for retirement.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR states  that  the
applicant has not provided any documentation showing he  was  injured  as  a
result of enemy action, as required by the Purple Heart  criteria.   He  was
in Japan when his aircraft crashed on takeoff and  he  was  injured  in  the
accident.  Since the enemy played no part  in  the  aircraft  accident,  the
applicant is not eligible for award of  the  Purple  Heart  Medal.   The  HQ
AFPC/DPPPR evaluation, with attachments, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He contends that his aircraft accident should be considered as  an  indirect
result of enemy action and he should be awarded the  Purple  Heart  for  his
injuries.  Anyone with knowledge of military aircraft would know that  a  B-
29 aircraft loaded with a full load of fuel and thousands of  rounds  of  50
caliber ammunition and crashes is going to kill and injure the  crewmembers.
 Counsel concurs with the applicant’s contention  that  he  be  granted  the
Purple Heart Medal.  Applicant and counsel’s 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.  Applicant’s contentions were  duly  noted;
however, we  did  not  find  these  uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air Force office of primary responsibility.  To be  awarded  the  Purple
Heart, a member must provide documentation to support he was wounded by  the
enemy while in combat or as a direct  result  of  enemy  actions.   Indirect
injuries do not meet the criteria for award of the Purple Heart.  We do  not
wish to deprive the applicant of an award to which he is entitled;  however,
based on the evidence before us, we have no recourse but  to  conclude  that
his request for the Purple Heart should be denied.
_________________________________________________________________

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 this application in  Executive
Session on 25 February 2004, under the provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Grover L. Dunn, Member
                  Mr. Charlie E. Williams Jr., Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-02718.


   Exhibit A.    DD Form 149, dated 13 Aug 03, w/atchs, and Letter

                 from Applicant, dated 21 Oct 03, w/atchs.
   Exhibit B.    Applicant's Master Personnel Records.
   Exhibit C.    Letter, HQ AFPC/DPPPR, dated 5 Jan 04.
   Exhibit D.    Letter, SAF/MRBR, dated 8 Jan 04.
   Exhibit E.    Letter from Applicant, dated 18 Jan 04, and
                 letter from Counsel, dated 17 Feb 04.




                                   ROBERT S. BOYD
                                   Panel Chair

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