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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