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AF | BCMR | CY2004 | BC-2004-01903
Original file (BC-2004-01903.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-01903
            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 receive the PH for burns and injuries he incurred  on  19 February
1952, at a forward air base in Korea.

In support of the appeal, applicant  submits  a  copy  of  the  citation  to
accompany the award of the Soldier’s Medal he received for  his  heroism  on
19 February 1952, when a firebomb exploded while assisting  in  the  parking
of a B-26 aircraft.  In addition,  he  submits  extracts  from  his  medical
records documenting the treatment he received.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former airplane mechanic  that  served  in  the  Regular  Air
Force on active duty from 7 July 1949 to 7 January 1953.

On 19 February 1952, at Kunsan, Korea, while parking a B-26 aircraft, a 100-
pound M-97 incendiary bomb that was lying by the loading ramp  exploded  ten
feet from the ground crew.  The exploding particles ignited the clothing  of
the men, resulting in serious burns.  Disregarding the  burns  and  injuries
he sustained, applicant immediately went to the assistance of his  companion
and extinguished the flames.




A Clinical Record, dated 19 February 1952, indicates applicant was  admitted
to the emergency room and received medical treatment for first, second,  and
third degree burns of his face, arms, and hands incurred on that date.

On 25 May  1952,  he  was  awarded  the  Soldier’s  Medal  for  heroism  not
involving actual conflict with an enemy on 19 February 1952.

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  the  wound
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 injuries were not the direct result of enemy action.   The  M-97
firebomb that exploded belonged to the United States or our allies.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The M-97 firebomb will not explode unless the cotter pin  safety  device  is
removed letting the propeller rotate.  An enemy  of  the  U.S.  removed  the
pin.  His injury was caused by the bomb exploding and was the direct  result
of enemy action.

Applicant’s complete response is at Exhibit E.

_________________________________________________________________

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  and  it  is
necessary the wound required or received  treatment  by  medical  personnel.
Applicant contends he sustained injuries when  a  firebomb  exploded,  as  a
result of the cotter pin being removed by an enemy  of  the  United  States.
After thoroughly reviewing the evidence  of  record  and  the  documentation
provided by applicant, we find insufficient  evidence  to  substantiate  the
explosion was the direct result of enemy action.   The  evidence  of  record
indicates that while parking a B-26 aircraft, a  100-pound  M-97  incendiary
bomb that was lying by the loading ramp exploded.  Further, for his  actions
during the incident, applicant was awarded the Soldier’s Medal  for  heroism
not involving  actual  conflict  with  an  enemy.   The  personal  sacrifice
applicant endured for his country and his selfless act of heroism  is  noted
and our decision in no way diminishes  the  high  regard  we  have  for  his
service; however, insufficient documentary evidence has  been  presented  to
demonstrate that he  was  injured  as  a  direct  result  of  enemy  action.
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-2004-01903
in Executive Session on 1 September 2004, under the provisions  of  AFI  36-
2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Mr. John E. B. Smith, Member
                       Ms. Kathy L. Boockholdt, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
    Exhibit E.  Letter, Applicant, dated 17 Aug 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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