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AF | BCMR | CY2004 | BC-2004-00818
Original file (BC-2004-00818.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-00818
            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 was injured on 22 August 1963, when his right  foot  was  caught  between
the loading ramp and airframe of a C-123.  He was taken  to  the  dispensary
where it was discovered that two toes and  the  tip  of  his  big  toe  were
severed.

In support of the appeal,  applicant  submits  his  personal  statement  and
extracts from his military records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired technical sergeant, who  served  as  an  aircraft
mechanic at XXXXXXX.   On  22 August  1963,  his  right  foot  was  severely
crushed by a loading  ramp  while  preparing  for  an  aircraft  maintenance
mission.  As a result of the injury, his second and third toes of his  right
foot were amputated.

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
applicant’s injury does not meet the criteria for award of the PH, since  it
was the result of an accident and not from enemy action.

The AFPC/DPPPR evaluation 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 April 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.   In  this  respect,  we  note  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.).   After  thoroughly  reviewing  the  evidence  of
record and noting the applicant’s contentions, we are not persuaded that  he
was injured as a direct result  of  enemy  action.   To  the  contrary,  the
evidence of record indicates that his right foot was severely crushed  by  a
loading ramp while preparing  for  an  aircraft  maintenance  mission.   The
personal sacrifice he endured for his country is noted and our  decision  in
no way diminishes the high regard we have for his  service;  however,  since
he was injured as a result of an accident, rather than the direct result  of
enemy  action,  he  does  not  meet  the  criteria  for  award  of  the  PH.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

_________________________________________________________________

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-2004-00818
in Executive Session on 8 July 2004, under the provisions of AFI 36-2603:

                       Mr. Gregory H. Petkoff, Panel Chair
                       Ms. Martha A. Maust, Member
                       Mr. Robert H. Altman, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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