RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01298
INDEX CODE: 107.00
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 22 SEP 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His left leg was injured in November 1944 in World War II during a
night-long air raid of the Pitoe Airstrip on the Island of Morotai,
Japan, by nine Japanese aircraft.
In support of his request, applicant submits a personal statement, a
copy of a letter to his Congresswoman and a letter from AFPC/DPMSAA
denying the applicant award of the PH Medal.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The former member’s military personnel records were destroyed by fire
in 1973. The available records reflect he enlisted in the Army Air
Corp on 16 August 1943 and was released from active duty on 25 January
1946.
His record reflects entitlement to the Asiatic Pacific Campaign Medal,
American Campaign Medal, the World War II Victory Medal, the European
African Middle Eastern Campaign Medal and the Good Conduct Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPRA recommends the applicant's request be denied. DPPPRA
states a document was submitted by applicant written by Colonel
H_______ dated 6 July 1970, stating his master personnel records were
screened for background information relating to a wound or injury
sustained by him in World War II records revealed that the incurred
injury of the left knee was a result of an old injury sustained while
playing football not as a result of jumping into a fox hole during the
air raid. According to DPPPRA, the applicant disputes his injury was
a result of an old aggravated football injury but was instead a direct
result of an injury on November 1944. He did not provide medical
documentation that he was treated for injuries as a result of the
bombing raid.
DPPPRA states the PH is awarded for wounds received as a direct result
of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bail out injuries, etc.). A member must
provide documentation to support the injury was a direct result of
enemy action. It is also necessary that the wound required or
received medical treatment by medical personnel. Indirect injuries
which do not meet the PH criteria include, but are not limited to,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft accidents, grenades, diseases and exposure.
According to DPPPRA there is no entry of injury found in the
applicant’s military medical records and Item 34 of his Report of
Separation, Wounds Received in Action, reflect “None”.
The DPPPRA’s evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states the letter in his records from Colonel H__________
dated 6 July 1970, which states the injury to his left knee, was
related to an old football injury is erroneous. He could not have
survived the jungle training with a pre-existing ruptured semi-lunar
cartilage in his left knee.
He spent approximately a week at the 155th Station Hospital, Morotai,
was air-evacuated to the 132nd General Hospital on the island of Biak
for three months physical therapy, before being returned to the 14th
Air Division Squadron, Morotai.
He further states he was discharged from the service with 20% service
connected disability for the ruptured semi-lunar cartilage of the left
knee and provided proof from the Department of Veterans Affairs.
The 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. 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 available documentation shows that the applicant was
injured when he jumped into a fox hole during an air-raid, which
aggravated an old football injury. While it appears the applicant
disputes the fact he was injured while playing football, he does not
dispute that he was injured while seeking shelter during an enemy
bombing. The Board notes, indirect injuries received while seeking
shelter from mortar or rocket attacks do not qualify for award of the
PH Medal and no evidence has been presented to show the applicant’s
injury resulted from the exploding device or shrapnel from the device
itself during the air raid. In view of the above, we agree with the
opinions and recommendations of the Air Force office of primary
responsibility and adopt its 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-2005-
01298 in Executive Session on 24 August 2005, under the provisions of
AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Michael K. Gallogly, Member
Mr. John B. Hennessey, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Nov 04, w/atchs.
Exhibit B. Applicant's Available Medical Records.
Exhibit C. Letter, AFPC/DPPPR, dated 20 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
Exhibit E. Letter, Applicant, dated 15 Aug 05.
KATHLEEN F. GRAHAM
Panel Chair
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