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AF | BCMR | CY2004 | BC-2004-02647
Original file (BC-2004-02647.doc) Auto-classification: Denied

                       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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