Search Decisions

Decision Text

AF | BCMR | CY2006 | BC-2005-03698
Original file (BC-2005-03698.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-03698
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  6 JUN 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during a  test  firing  attempt  on  a  combat  mission  from
Okinawa to Korea.  The ammunition catcher on his gun broke  -causing  a  cut
in the palm of his left hand.  He went to Kadena  Air  Force  Base  Hospital
where he received seven stitches in his hand.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 5 December 1951, the applicant enlisted in the Regular Air Force  in  the
grade of private.

On 5 September 1955, the applicant was honorably discharged in the grade  of
airman second class under the provisions of AFR 39-14 - Convenience  of  the
Government.  He served three years,  nine  months,  and  one  day  of  total
active duty service.

The applicant’s DD Form 214, Report of Separation from the Armed  Forces  of
the United States, indicates  he  received  the  following  decorations  and
medals:  the Air Crew  Members  Badge,  UN  Service  Medal,  Korean  Service
Medal, Air Medal, National Defense  Service  Medal,  and  the  Good  Conduct
Medal.

_________________________________________________________________



AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating that 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.   These  include,  but  are  not  limited  to,
injuries received while seeking  shelter  from  mortar  or  rocket  attacks,
aircraft bombings, grenades, and  injuries  incurred  while  serving  as  an
aircrew member or in a passenger status because of  the  aircraft’s  evasive
measures against hostile fire.

There is no evidence  of  the  applicant’s  injury  being  caused  by  enemy
action.  Based on the fact the injury was not caused by enemy action, he  is
not entitled to award of the PH medal.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 27 January 2006, a copy of the Air Force evaluation was forwarded to  the
applicant 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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the applicant’s  submission,  the
Board is not persuaded he should be  awarded  the  PH  Medal.   Neither  the
applicant nor his records substantiate he  had  been  injured  as  a  direct
result of enemy action as required  for  award  of  the  PH.   The  personal
sacrifice the 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 PH.  Should he  provide  documentation,  i.e.,  medical  reports  or
letters of support from fellow members, which indicates he was injured as  a
direct result of enemy action, the Board would  be  willing  to  review  his
appeal for reconsideration.  Therefore, in the absence of  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought.

4.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issue(s) involved.  Therefore,  the  request
for a hearing is not favorably considered.


_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2005-
03698 in Executive Session on 7 March 2006, under the provisions of AFI  36-
2603:

                 Mr. James W. Russell III, Panel Chair
                 Ms. Barbara R. Murray, Member
                 Ms. Kathleen B. O’Sullivan, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 25 Nov 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 17 Jan 06.
   Exhibit D.  Letter, SAF/MRBR, dated 27 Jan 06.




                 JAMES W. RUSSELL III
                 Panel Chair

Similar Decisions

  • AF | BCMR | CY2007 | BC-2006-03796

    Original file (BC-2006-03796.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03796 INDEX CODE: 107.00 COUNSEL: ANAHEIM VET CENTER HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 16 JUN 07 _________________________________________________________________ APPLICANT REQUESTS THAT: Her deceased spouse be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: Her husband died during...

  • AF | BCMR | CY2006 | BC-2006-01330

    Original file (BC-2006-01330.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01330 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 01 NOVEMBER 2007 __________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal and any other decorations for his service in Vietnam. He feels this was a result of enemy action, and that he was treated for the shrapnel...

  • AF | BCMR | CY2006 | BC-2006-00216

    Original file (BC-2006-00216.doc) Auto-classification: Approved

    On 23 February 2006, the Purple Heart Review Board (PHRB) reviewed and denied the applicant’s request for award of the PH. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart Medal for injuries sustained as a direct result of enemy action during an aerial combat mission over Weimar, Germany on 24 August...

  • AF | BCMR | CY2004 | BC-2003-03304

    Original file (BC-2003-03304.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that applicant has provided no medical evidence showing that he was injured while a POW, and there is no evidence in his military medical records to indicate he was injured while a POW. Additionally, in 1988, the Veterans Administration determined the evidence of record did not show right ankle or right knee injuries. ...

  • AF | BCMR | CY2007 | BC-2007-00817

    Original file (BC-2007-00817.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. The applicant’s medical and military records did not reflect any medical documentation of treatment of injuries sustained as a direct result of enemy action. The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.

  • AF | BCMR | CY2004 | bc-2003-02251

    Original file (bc-2003-02251.doc) Auto-classification: Denied

    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.). The AFPC/DPPPR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004, for review and response within 30 days. Applicant's Master Personnel...

  • AF | BCMR | CY2003 | BC-2003-01738

    Original file (BC-2003-01738.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommended denial. They indicated that the applicant has not provided any information or documentation regarding a wound or injury incurred as a result of enemy action. Exhibit D. Letter, SAF/MRBR, dated 3 October 2003.

  • AF | BCMR | CY2006 | BC-2005-02041

    Original file (BC-2005-02041.DOC) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the PH for wounds he received while trying to save victims of a B-24 aircraft crash and a bomb aboard the aircraft exploded. In a letter, dated 9 January 2006, applicant requested his application be reopened and provided the following comments. Further, the applicant has not provided any evidence to indicate that he was recommended for, or awarded the BSM and CIB.

  • AF | BCMR | CY2006 | BC-2006-02262

    Original file (BC-2006-02262.DOC) Auto-classification: Denied

    In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.

  • AF | BCMR | CY2006 | BC-2005-03408

    Original file (BC-2005-03408.doc) Auto-classification: Denied

    The documentation provided by the applicant and the limited military records of the servicemember do not substantiate he had an injury that met the criteria for award of the PH. Nor has the applicant or the servicemember provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement verifying the cause of the crash. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.