RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-
03309
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 MAY 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured when a burning P-38 plane, returning from a combat
mission, exploded sending a bullet into his left thigh and throwing
him approximately fifty feet. This happened when he was manning a
fire hose spraying the burning plane.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The member served on active duty in the Army Air Corps from 31 Aug
42 until 18 Nov 45. His WD AGO Form 53-55, Enlisted Record and
Report of Separation Honorable Discharge reflects he was awarded
the American Theater of Operations Service Ribbon, Asiatic-Pacific
Theater Service Ribbon, Philippine Liberation Ribbon, Good Conduct
Medal, and Victory Medal. Item 34, Wounds received in action,
reflects “none.”
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request be denied. To be
awarded the PH a member must provide documentation to support his
claim that the wound was a direct result of enemy action, and must
have received medical treatment by medical personnel.
The member sustained his injury when a burning P-38 plane exploded
sending a bullet in his left thigh and sending him through the air.
Member was manning a fire hose spraying the plane when it
exploded.
The member’s medical documentation states his injury accidentally
incurred during the explosion.
The applicant was discharged from the military on 18 Nov 45, six
months later, Block #34 of his WD AGO Form 53-55, states wounds
received in action: NONE.
On 2 Mar 05, AFPC/DPPPR sent a letter to the applicant stating the
requirements for the PH and provided information for applying to
the Purple Heart Review Board (PHRB). The applicant did not submit
any new documentation and has submitted a Congressional Inquiry.
There is no evidence in the applicant’s medical or military
personnel records which were provided that he had been injured as a
direct result of enemy action. His injury was the result of an
aircraft accident and does not meet the criteria of this
prestigious award.
A complete copy of the Air Force evaluation is attached at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 February 2006, a copy of the Air Force evaluation was
forwarded to the applicant for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
___________________________________________________________________
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 thoroughly
reviewing the evidence of record, we are unpersuaded the requested
relief should be granted. The applicant’s contentions are duly
noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale
provided by the Air Force. Therefore, in the absence of evidence
to the contrary, 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-
03309 in Executive Session on 14 March 2006, under the provisions
of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Oct 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, undated.
Exhibit D. Letter, SAF/MRBR, dated 10 Feb 06.
RICHARD A. PETERSON
Panel Chair
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