RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01155
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 OCT 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On or about 27 August 1951, during the occupation of Germany, he was injury
by a Nazi SS Officer, who deliberately drove a tractor into the front of
the military jeep he was riding in while on official Air Force business.
Since he was injured by an enemy combatant that the United States had been
engaged with in a time of war, he should be awarded the PH.
In support of the appeal, applicant submits two unsigned statements from
the former squadron commander and squadron adjutant, extracts from his
military medical records, and a statement from a civilian orthopedic
specialist.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 September 1947. An
8 September 1951, military medical record entry indicates that he injured
his shoulder on 21 August 1951 in an off-base automobile accident. He
voluntarily retired in the grade of senior master sergeant on 1 July 1971.
On 4 March 2005, the Air Force Purple Heart Review Board (AFPHRB)
considered and denied applicant’s request for the PH.
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 provided no eyewitness statements from the others riding in the
vehicle during the accident to validate his claim. Further, the statements
from the squadron commander and squadron adjutant are considered invalid
due to being unsigned.
The AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The evaluation attempts to interject a criteria which is not part of the
mandated Department of Defense (DoD) requirements, that he provide an
eyewitness statement from the others riding in the vehicle during the
accident to validate his claim. The governing regulation specifically
states the wound for which the award is made must have required treatment
by a medical officer and records of medical treatment for wounds or
injuries received must have been made a matter of record. In his case,
there is no question his military medical records reveal that he was
treated at a military medical facility after the incident. Further, he was
not under the influence of alcohol at the time of the incident as evidenced
by the fact that his injury was determined in the line of duty.
The applicant’s complete responses, with attachments, are 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.
The applicant’s records contain a medical record entry which indicates that
he was involved in an automobile accident on 27 August 1951. The applicant
contends that he was injured by a Nazi SS Officer, who deliberately drove a
tractor into the front of the military jeep he was riding in while on
official Air Force business. In support of his request, he submits
correspondence from 1951 and 1956 concerning a recommendation to award him
the PH for injuries he sustained. However, these documents are considered
invalid since they are unsigned. More importantly, he has not provided
statements from any eyewitnesses. Should he provide such evidence, the
Board would reconsider his request. The personal sacrifice applicant
endured for his country 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 warrant awarding him the Purple Heart.
Therefore, in the absence of evidence that he was injured as a direct
result of enemy action, 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-2005-01155
in Executive Session on 13 July 2005, under the provisions of AFI 36-2603:
Mr. Joseph G. Diamond, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Mar 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 16 May 05.
Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
Exhibit E. Letters, Applicant, dated 6 & 18 Jun 05, w/atchs.
JOSEPH G. DIAMOND
Panel Chair
AF | BCMR | CY2007 | BC-2005-01155-2
In a letter to the Secretary of the Air Force, dated 24 February 2006, the applicant requested reconsideration of his request; however, on 20 March 2006, he was advised that his request did not meet the criteria for reconsideration by the Board (Exhibits I and J). The AFRBA Senior Legal Advisor opinion, with attachment, is at Exhibit P. AFPC/DPPPR has reevaluated the evidence of record and the documentation provided by applicant, and still supports the 2005 AFPHRB decision to...
AF | BCMR | CY2003 | BC-2002-03634
They got the injured passenger up the incline and to the road. From the letter addressed to the applicant on 1 February 1952, providing a copy of GO-50, awarding the 1st Air Postal Squadron a unit award, the letter stating those individuals assigned to the unit during the inclusive period of the unit award, and the dates of the award and the date of his accident, we believe the applicant was stationed in Korea during the period June 1951-30 June 1952. Matter of fact, after all this time,...
AF | BCMR | CY2005 | BC-2003-00854
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00854 INDEX CODE: 107.00 COUNSEL: MR. BERNIE GAMBER VETERANS SERVICE OFC HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 AUGUST 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: Award of the Purple Heart (PH) for injuries sustained while flying on a combat mission in the Pacific Theater on 15 June 1944. DPPPR indicates that an...
AF | BCMR | CY2005 | BC-2005-00788
In this respect, we note that the Purple Heart (PH) is awarded for wounds received as a direct result of enemy actions that required or received treatment by medical personnel. The applicant contends that his wounds were received in action; however, an entry in the his medical records indicates that on 8 December 1943, he was treated for a gunshot wound to his right leg that was incurred when he was accidentally shot by an Italian soldier. ...
AF | BCMR | CY2004 | BC-2003-02718
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02718 INDEX CODE: 107.00 COUNSEL: VFW HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS: Award of the Purple Heart (PH) Medal. The HQ AFPC/DPPPR evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He contends that his...
AF | BCMR | CY2006 | BC-2005-01465
The Purple Heart Review Board (PHRB) considered and denied applicant’s request for the PH on 1 November 2005. Applicant’s personal statement is noted; however, after thoroughly reviewing the evidence of record, to include his service medical records, we find no corroborative evidence to establish that he was treated for wounds received as a direct result of enemy action during a rocket attack on 28 February 1968. ________________________________________________________________ The...
AF | BCMR | CY2004 | BC-2003-03561
They indicated the Purple Heart (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.). Since there is no evidence the applicant was in fact shot down by enemy action in Germany in 1943, or injured, and the injuries he may have suffered in an aircraft accident in Korea do not qualify for award of the Purple Heart Medal. The applicant contends he was injured in the...
AF | BCMR | CY2004 | BC-2003-04015
After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...
ARMY | BCMR | CY2002 | 2002066308C070402
She indicates that her uncle is asking that the records be corrected to show he was the driver of a jeep, and that his injury was combat related so that he may be awarded the PH. The applicant’s military records were not available to the Board for review. However, based on the lack of supporting records and evidence to support his contention that the jeep accident he was involved in was combat related, it is regrettably compelled to deny his PH request.
AF | BCMR | CY2008 | BC-2005-01155
On 4 March 2005, the Air Force Purple Heart Review Board (AFPHRB) considered and denied applicant’s request for the PH. On 13 July 2005, the Board considered and denied applicant’s request for the PH. For an accounting of the facts and circumstances surrounding the applicant’s separation, and the rationale of the earlier decision by the Board, see the Record of Proceedings at Exhibit F. On 30 November 2005, the applicant requested reconsideration of his request; however, on 15 December...