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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