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AF | BCMR | CY2005 | BC-2005-01774
Original file (BC-2005-01774.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01774
                                             INDEX CODE:  107.00
      XXXXXXX                           COUNSEL:  NONE

      XXXXXXX                           HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  5 DEC 2006


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Bronze Star  Medal  (BSM),  with
“V” device.

________________________________________________________________

APPLICANT CONTENDS THAT:

He received the  medals;  however,  he  never  got  the  certificates.   The
paperwork may have fallen through the cracks due to the  rapid  turnover  of
personnel or someone higher up disregarded it.

In December 1952, he was struck in his left eye and abdomen by fragments  of
exploding ordinance from a burning aircraft.  He rounded up  several  airmen
and managed to push an aircraft some distance away from  the  other  burning
aircraft.  Several days later Lt Col E--- pinned the PH and BSM on  him  and
said that the paper work would follow.

Applicant’s complete submission, with attachments, is at Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  15
March 1948.  The Reports of Separation, DD Forms 214, issued in  conjunction
with his 23 August 1954 resignation and his 23 August  1960  discharge  list
no wounds received as a result of action with enemy  forces.   A  Report  of
Medical Examination, dated 17 August 1954, indicates the  applicant  had  an
8” diagonal scar on the right  lateral  abdominal  region.   He  retired  by
reason of physical disability in the grade of  captain  on  1 October  1966,
with a rating of 80%.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
there is no documentation the applicant was awarded the PH or BSM, with  “V”
device.  The BSM is awarded to any  person  who,  after  December  6,  1941,
while serving in any capacity with the Armed Forces of  the  United  States,
distinguishes himself or herself by heroic  or  meritorious  achievement  or
service, not involving participation in  aerial  flight,  while  engaged  in
action against an enemy of the United States, or involving a  conflict  with
an opposing foreign force, or while serving  with  friendly  foreign  forces
engaged in an armed conflict against an opposing armed force  in  which  the
US is not a belligerent party.  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 that the  wound  have  required  or  received  treatment  by
medical personnel.  Indirect injuries do not meet the criteria for award  of
the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  5
August 2005 for review and response within 30 days.  As  of  this  date,  no
response has been received by this office.

________________________________________________________________

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 probable error or injustice.  In this respect, we note  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.).   After  thoroughly  reviewing  the  evidence  of
record and the applicant’s personal account of  the  incident,  we  are  not
persuaded that the requirements for award of the  PH  have  been  met.   The
applicant states that he was injured by  fragments  of  exploding  ordinance
from  burning  B-26  aircraft;  however,  he   provides   no   corroborative
documentary evidence to establish that the burning aircraft was  the  direct
result of enemy action.  The personal sacrifice the  applicant  endured  for
his country is noted and  our  decision  in  no  way  lessens  his  service;
however, absent a showing that his  injuries  where  the  direct  result  of
enemy action, we find no basis upon which to recommend awarding him the  PH.
 The Reports of Separation, DD Forms 214, issued in conjunction with his  23
August 1954 resignation and his 23 August  1960  discharge  list  no  wounds
received as a result of  action  with  enemy  forces.   Further,  while  his
actions during the incident are commendable,  he  provides  no  evidence  to
establish that he was recommended for, or awarded the  BSM.   Therefore,  in
the absence of evidence to the contrary, we  find  no  compelling  basis  to
recommend granting  the  relief  sought  in  this  application.   Should  he
provide new evidence that indicates he was injured as  a  direct  result  of
enemy action, the Board will reconsider his request for the PH.

________________________________________________________________

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-2005-01774
in Executive Session on 13 September 2005, under the provisions of  AFI  36-
2603:

                 Mr. John B. Hennessey, Panel Chair
                 Ms. Renee M. Collier, Member
                 Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 May 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 22 Jul 05.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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