RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02647
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS:
Award of the Purple Heart (PH) for injuries sustained in 1952 when he fell
off the wing of an airplane while trying to save a pilot who had crashed.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He received injuries to his head, ear, side of face and arm.
In support of his request, applicant submits copies of his AF Form 7,
Airman Military Record. The applicant’s complete submission, with
attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is 19
April 1951. He was progressively promoted to the grade of staff sergeant
(E-5), with an effective date and date of rank of 1 October 1963.
The applicant’s DD Form 214 covering his initial enlistment, 19 April 1951
- 26 April 1955, reveals two years, four months and nine days of foreign
and/or SEA service and no wounds received as a result of action with enemy
forces. During this period, he was awarded the National Defense Service
Medal and the Good Conduct Medal.
On 19 August 1965, the applicant was relieved from active duty under the
provisions of AFM 35-4 (Permanently Retired by Reason of Physical
Disability). He was retired in the grade of E-5, with a compensable
disability rating of 100 percent, on 20 August 1965. He had completed a
total of 14 years and 29 days of active duty service for retirement.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the application be denied. DPPPR states to be
awarded the Purple Heart (PH), a member must provide documentation to
support he was wounded as a direct result of enemy action and must have
received medical treatment by medical personnel. There is no evidence in
the applicant’s medical or personnel records indicating he had been injured
as a direct result of enemy action. His injuries were the result of aiding
a pilot after an aircraft accident and do not meet the criteria of this
prestigious award. The HQ AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 24
September 2004 for review and response. As of this date, no response has
been received by this office (Exhibit D).
_________________________________________________________________
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 review of the evidence of record
and applicant’s submission, we are unpersuaded he should be awarded the
Purple Heart for injuries sustained in 1952. To be awarded the Purple
Heart, a member must provide documentation to support he was wounded by the
enemy while in combat or as a direct result of enemy action. Hence, the
Purple Heart criteria of enemy action has not been met. The personal
sacrifice the applicant endured for his country is noted and our decision
should in no way lessen his service; however, insufficient documentary
evidence has been presented to warrant awarding him the Purple Heart.
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 this application in Executive
Session on 28 October 2004, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-02647.
Exhibit A. DD Form 149, dated 18 Aug 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 14 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 04.
RICHARD A. PETERSON
Panel Chair
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