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
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AF | BCMR | CY2007 | BC-2007-00817
_________________________________________________________________ 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.
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AF | BCMR | CY2003 | BC-2003-01738
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AF | BCMR | CY2006 | BC-2005-02041
________________________________________________________________ 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
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.
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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.