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
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