RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2003-04304
INDEX CODE 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for a gunshot wound sustained on
5 Aug 51.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was shot on 5 Aug 51 but there is no mention of this on his DD Form
214. A PH will give him a discount on his prescription drugs.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Some of the applicant’s military records apparently were destroyed in
the 1973 fire at the National Personnel Records Center (NPRC). The
following information was extracted from the available records.
The applicant enlisted in the Regular Air Force on 29 May 50 and was
promoted to airman first class on 1 Apr 53.
On 5 Aug 51, while waiting in the midnight mess line at Carswell AFB,
TX, the applicant was shot in the left foot when an individual who was
cleaning a .45 caliber pistol accidentally discharged the weapon. The
applicant was hospitalized for two months for a fractured foot.
The applicant was honorably discharged in the grade of airman first
class on 28 May 54 for expiration of term of service after four years
of active service. The discharge physical noted the scars on the
applicant’s left foot as a result of the 5 Aug 51 gunshot wound.
The applicant filed a claim with the Department of Veterans Affairs
(DVA) for service-connected compensation for the gunshot wound to his
left foot. However, on 29 Oct 03, his request was denied.
On 19 Feb 04, HQ AFPC/DPPPRA advised the applicant he was not eligible
for the PH because the wound was the result of an accident, not a
direct result of enemy action, and he was at Carswell AFB, TX, which
was not a combat zone.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR advises that, to be awarded the PH, an injury must be
the direct result of enemy action and require medical treatment. The
applicant’s wound was clearly the result of an accident and he was not
in a combat zone. Since this was an accident, the applicant is not
eligible for the PH and his request should be denied.
A complete copy of the evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 23 Apr 04 for review and comment within 30 days. 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 a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded he should be awarded the PH. The applicant was not in a
combat zone at the time of the accident, which occurred at Carswell
AFB, TX. He was not wounded as a direct result of enemy action, but
was shot in the foot by an accidentally discharged .45 side arm while
standing in the mess hall line. We therefore agree with the
recommendations of the Air Force and adopt the rationale expressed as
the basis for our decision that the applicant has not sustained his
burden of
having suffered either an error or an injustice. In view of the above
and absent persuasive evidence to the contrary, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
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 18 May 2004 under the provisions of AFI 36-2603:
Mr. Albert F. Lowas, Jr., Panel Chair
Mr. Charlie E. Williams, Jr., Member
Mr. Terry L. Scott, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2003-04304 was considered:
Exhibit A. DD Form 149, dated 19 Nov 03, w/atchs.
Exhibit B. Applicant's Available Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 16 Apr 04, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 23 Apr 04.
ALBERT F. LOWAS, JR.
Panel Chair
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