Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03018
Original file (BC-2003-03018.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03018
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded and never received the PH Medal.

In support of his request, applicant submits a  handwritten  statement
from a former crewmember and a copy of Form 55, Clinical Record Brief.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty from 13 March 1943 to 31 August 1945.  He served
an overseas tour in the Pacific from 4 June 1944 to  1 December  1944.
On 13 July 1944, he was injured in  an  aircraft  accident,  when  the
bomber he was in crashed during takeoff  in  China.   He  sustained  a
fractured left forearm and severe burns on his right  hand,  left  leg
and left side of his  face.   His  report  of  separation  (item  34),
reflect no wounds received in action.  His decorations  include  award
of the Asiatic-Pacific Campaign Ribbon, a Bronze Battle  Star,  and  a
Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  The  applicant  has  not  provided  any
documentation to show he was injured  as  a  direct  result  of  enemy
action as required by the criteria.  He was  in  China,  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 DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 Jan 03 for review and comment within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________

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,  we  are
not persuaded that he should be awarded the Purple Heart  Medal.   The
applicant appears to be asking for the  PH  as  the  result  of  being
injured in an aircraft accident.  We cannot recommend awarding the  PH
on this basis. Award of the PH to  crewmembers  involved  in  aircraft
mishaps still requires the wounds/injuries to  have  been  the  direct
result of  enemy  action  and  necessitated  medical  treatment.   The
available documentation does not confirm the applicant was wounded and
received medical treatment for injuries sustained as a  direct  result
of enemy action.  While we are not unmindful or unappreciative of  the
applicant’s service to the nation,  in  the  absence  of  evidence  to
support that he was wounded as a result of enemy action, we agree with
the opinion of the Air Force and find no compelling basis  to  warrant
favorable consideration of this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
03018 in Executive Session on 2 March 2004, under  the  provisions  of
AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 July 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 15 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 16 Jan 04.







      ROSCOE HINTON JR.
      Panel Chair




Similar Decisions

  • 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. The HQ AFPC/DPPPR evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He contends that his...

  • AF | BCMR | CY2004 | BC-2003-02849

    Original file (BC-2003-02849.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02849 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. The applicant requests award of the PH as the result of injuries he received in an aircraft mishap. Exhibit C. Letter, AFPC/DPPPR, dated 14 Jan 04, w/atchs.

  • AF | BCMR | CY2004 | bc-2003-03308

    Original file (bc-2003-03308.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: During the invasion of *****, on 30 May 1944, he received a shrapnel wound in his left buttock from strafing Japanese aircraft. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence that the foreign body in the applicant’s left buttock is a piece of shrapnel or when/how...

  • AF | BCMR | CY2003 | BC-2003-02093

    Original file (BC-2003-02093.doc) Auto-classification: Denied

    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). 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 BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence...

  • AF | BCMR | CY2012 | BC-2012-00499

    Original file (BC-2012-00499.pdf) Auto-classification: Denied

    He has never had possession of his medical records and is not aware if his wartime injuries were included. While the evidence provided does support the applicant was participating in a combat mission and subsequently received medical treatment after his aircraft crashed, unfortunately, the evidence available to us is not sufficient to determine that the aircraft crash was caused by enemy shrapnel. ________________________________________________________________ THE BOARD DETERMINES...

  • AF | BCMR | CY2005 | BC-2004-03167

    Original file (BC-2004-03167.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: Applicant’s military personnel records reflect that he initially entered the Army on 15 January 1942 and served through 30 September 1943. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the applicant's request for award of the PH Medal for injuries incurred in Italy by an accident, as opposed to wounds being sustained or caused by enemy actions...

  • AF | BCMR | CY2002 | 0102310

    Original file (0102310.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-02310 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). At the time of his separation, he was asked if he had any medical problems then, not whether he had ever been wounded. The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or...

  • AF | BCMR | CY2004 | BC-2003-03192

    Original file (BC-2003-03192.doc) Auto-classification: Denied

    He was awarded the Purple Heart (PH) on 8 April 1945, for wounds received in the ETO on 24 March 1945. The AFPC/DPPPR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response. The applicant was awarded the PH on 8 April 1945, for wounds he received during a forced aircraft bail out on 24 March 1945.

  • AF | BCMR | CY2006 | BC-2005-02041

    Original file (BC-2005-02041.DOC) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the PH for wounds he received while trying to save victims of a B-24 aircraft crash and a bomb aboard the aircraft exploded. In a letter, dated 9 January 2006, applicant requested his application be reopened and provided the following comments. Further, the applicant has not provided any evidence to indicate that he was recommended for, or awarded the BSM and CIB.

  • AF | BCMR | CY2006 | BC-2006-02262

    Original file (BC-2006-02262.DOC) Auto-classification: Denied

    In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.