RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03167
INDEX CODE: 107.00
xxxxxxxxxxxxxxxxx COUNSEL: xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxx HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured on 31 May 1944, in a military plane crash while in
combat on a mission to Polesti Oil Fields in Romania. Doctors who
treated him told him that he would be eligible for award of the PH
Medal. Other members of the crew were awarded the PH Medal for the
same occurrence.
In support of his request, applicant submits a personal statement,
documents from his military record, and a copy of WD AFO Form 53-98,
Military Record and Report of Separation Certificate of Service.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect that he initially
entered the Army on 15 January 1942 and served through 30 September
1943. On 1 October 1943, he completed pilot training and was
appointed a second lieutenant, Army of the United States, Air Corps
and entered active duty on that same date.
On 31 May 1944, he was injured in an aircraft accident, when the
aircraft he was piloting crashed. He sustained a sprained left ankle
and multiple general contusions.
His report of separation (item 30), reflect no wounds received in
action. He served overseas tours in the Caribbean from 28 February
1942 to 13 December 1942, and in Italy from 28 November 1943 to
4 August 1944. His decorations include award of the Air Medal w/1OLC,
the World War II Victory medal and the Good Conduct Medal.
Applicant continued to served in the Air Force Reserve until his
retirement in the grade of lieutenant colonel on 27 January 1980. He
served 38 years and 12 days total military service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the applicant's request for award of the PH
Medal for injuries incurred in Italy by an accident, as opposed to
wounds being sustained or caused by enemy actions be denied. DPPPR
state that by the applicant’s own account, the initial take off of the
B-24 Liberator went well, until the number two, three and four engines
of the plane malfunctioned and quit. At that point the crew was
forced to turn back. During the cartwheel type landing, all
crewmembers on board sustained injuries. His WD AGO Form 53 block 30
clearly states that no wounds were received in action. The applicant
introduced another service member’s WD AGO Form 53, and it does
indicate that the member was awarded the PH based upon injuries as a
result of enemy action (block 34). The applicant was treated at a
medical facility for his injuries; however no mention is made by the
medical facility or in the member’s supporting documentation stating
that the injuries came as a result of enemy action. Although the
member feels strongly on his belief that the plane accident was caused
by sabotage, again no evidence has been presented to substantiate that
claim.
The DPPPR evaluation, with attachments, is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant and
his counsel on 23 November 2004 and 24 November 2004, respectively for
review and response. 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. After a thorough review of the
applicant’s submission and the available evidence of record, we are
not persuaded that he should be awarded the Purple Heart Medal. The
PH is awarded for injuries received as a direct result of enemy
action. The evidence of record shows that the applicant was injured
in an aircraft accident when the engines malfunctioned and not as a
result of enemy action. In view of the above, we agree with the
opinions and recommendations of the Air Force offices of primary
responsibility and adopt their rationale as the basis for our
conclusion that the former member has not been the victim of an error
or injustice. Therefore, we find no compelling basis to warrant
favorable consideration of the relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 no considered with this
application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
03167 in Executive Session on 24 February 2005, under the provisions
of AFI 36-2603:
Mr. Michael. J. Novel, Panel Chair
Mr. John E. Pettit, Member
Ms. Carolyn B. Willis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Oct 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPRA, dated 18 Nov 04.
Exhibit D. Letter, SAF/MRBR, dated 23 Nov 04.
Exhibit E. Letter, SAF/MRBR, dated 24 Nov 04.
MICHAEL. J. NOVEL
Panel Chair
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