RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03918
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 26 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He is entitled to receive the Purple Heart Medal because of injuries
he suffered as a result of his aircraft accident.
In support of his appeal, the applicant provided extracts from his
military records and documentation from the Department of Veterans
Affairs (DVA).
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate he was
appointed a second lieutenant, Army Air Corps, on 10 Nov 42.
On 4 Sep 43, the applicant was hospitalized for injuries he sustained
as a result of an aircraft accident. According to the available
records, he left Orangeburg, South Carolina on his way to Richmond,
Virginia, when he encountered some bad weather. He subsequently hit
the left wing of his aircraft on a tree while attempting to find his
way out of an overcast and crashed to the ground.
Applicant was honorably discharged on 25 Oct 45 in the grade of
captain.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating that to be awarded the Purple
Heart, a member must provide documentation to support he was wounded
as a direct result of enemy action and must have received medical
treatment by medical personnel. The medical documentation provided by
the applicant reflects his injuries were based on an aircraft accident
and not sustained as a result of enemy action.
A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response
indicating that he logged thousands of flight hours preparing pilots
for combat. The crash of his aircraft occurred during an authorized
training mission which resulted in the death of a passenger.
Applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt its rationale as the
basis for our decision the applicant has failed to sustain his burden
that he has suffered either an error or an injustice. We believe it
should be pointed out the applicant’s service and sacrifice for his
country have not gone unnoticed. Notwithstanding this, no evidence
has been presented which has shown to our satisfaction he met the
established criteria for award of the Purple Heart Medal. In view of
the above, and in the absence of sufficient 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 AFBCMR Docket Number BC-
2005-03918 in Executive Session on 27 Apr 06, under the provisions of
AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Sharon B. Seymour, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Dec 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 7 Feb 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Feb 06.
Exhibit E. Letter, applicant, dated 27 Feb 06, w/atchs.
RICHARD A. PETERSON
Panel Chair
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