Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-03674
Original file (BC-2003-03674.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03674
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should received the PH because his  current  disability  was  the  direct
result of a combat related injury.

In support of the appeal, applicant submits a copy  of  the  special  orders
retiring him by reason of physical disability.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant,  who  was  permanently
retired by reason of physicial disabilty on 28 December  1999,  with  a  40%
rating.  The retirement orders indicate the disability was received  in  the
line of duty  as  a  direct  result  of  armed  conflict  or  caused  by  an
instrumentality of war during a period of war.

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
although the applicant’s retirement orders indicate that his disability  was
the direct result of a combat related injury, his injuries  were  caused  by
an aircraft accident in  which  his  C-130  aircraft  ran  off  the  runway,
smashing him into a bulkhead.   Since  his  injuries  were  not  the  direct
result of enemy action, he is not entitled to the PH.

The AFPC/DPPPR evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 18 June 2004 for review and response within  30  days.   However,  as  of
this date, this office has received no response.

_________________________________________________________________

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 thoroughly  reviewing  the  evidence
of record and noting applicant’s contentions, we are not persuaded  that  he
has been the victim of an error or injustice.  In this respect, we note  the
PH is awarded for wounds received as a direct result of  enemy  actions  and
it is necessary the wound have required or  received  treatment  by  medical
personnel.  Although applicant’s disability  was  the  direct  result  of  a
combat related injury, it was not the direct result  of  enemy  action,  but
rather an aircraft accident in which his C-130 aircraft ran off the  runway,
smashing him into a bulkhead.  The personal sacrifice the applicant  endured
for his country is noted and our decision in  no  way  diminishes  the  high
regard we have for his service; however, in the absence of evidence that  he
was injured as a direct result of enemy action, we find no compelling  basis
to recommend awarding him the PH.

_________________________________________________________________

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-2003-03674
in Executive Session on 17 August 2004, under  the  provisions  of  AFI  36-
2603:

                       Mr. Roscoe Hinton, Jr., Panel Chair
                       Ms. Renee M. Collier, Member
                       Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Oct 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 7 Jun 04.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jun 04.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-01492

    Original file (BC-2004-01492.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should receive the PH for injuries incurred as a direct result of a combat mission, under enemy fire, in a combat zone. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s records do not provide conclusive evidence that the injury he incurred on 28 April 1963 was the...

  • 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 | 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 | 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-2003-03018

    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. 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...

  • AF | BCMR | CY2002 | 0200946

    Original file (0200946.doc) Auto-classification: Approved

    Effective 17 July 1972, he was removed from the TDRL and transferred to the Air Force Reserve for completion of military service obligation in the grade of sergeant effective with the date of transfer and with date of rank of 1 November 1971. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibits...

  • AF | BCMR | CY2002 | 0103464

    Original file (0103464.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-03464 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence to support that the applicant was...

  • AF | BCMR | CY2004 | BC-2003-03708

    Original file (BC-2003-03708.doc) Auto-classification: Denied

    DPPPR states that there is medical documentation pertaining to the injury received; however, there is no evidence in the record showing the injury was the result of enemy action. However, he has provided no evidence to indicate that the injury he sustained was the direct result of enemy action. After a review of his personnel and medical records, to include a September 1997 Veterans Administration Rating which indicates service-connected disability for his gunshot wound, the evidence does...

  • 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 | CY2003 | BC-2003-00969

    Original file (BC-2003-00969.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be awarded the PH as a result of injuries he received when his aircraft crashed landed due to undercarriage battle damage from enemy anti- aircraft positions during the mission. Since his records reflect that his injuries were incurred in the line of duty as a result of an aviation accident, we find no basis upon which to recommend correcting his records to indicate that he was wounded...