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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