RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-02504
INDEX CODE: 107.00
XXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 February 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was told on several occasions he was put in for award of the PH Medal
for back injuries he sustained when his helicopter was forced down behind
enemy lines.
In support of his appeal, the applicant provides copies of his DD Form 214,
Certificate of Release or Discharge From Active Duty, testimonial
memorandums to his Physical Evaluation Board, decoration documents,
newspaper article, and a Department of Veterans Affairs (DVA) medical
document.
The applicant’s submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 6 October 1986, the applicant enlisted in the Regular Air Force at the
age of 22. The applicant was progressively promoted to the rank of master
sergeant (E-7), effective and with a date of rank of 6 January 2003.
On 2 November 2001, the applicant was part of a MH-53 helicopter crew on a
combat mission over hostile controlled area. During the infiltration, his
aircraft came under hostile fire while enroute to the target area and
encountered extreme weather conditions. Subsequently, the helicopter
crashed behind enemy lines. The applicant sustained fractures to his T10
and T12 vertebrae as well as suffering fractured ribs. Upon being rescued,
the applicant showed early stages of hypothermia; however, did not suffer
any frostbite injuries. According to the Casualty Morning Report, the
incident was non-hostile and the general cause was an accident.
In December 2002, following the applicant’s complaint of balance and gait
disturbances, a CT scan uncovered the applicant had a midline cerebral mass
which was subsequently diagnosed as aggressive medulloblastoma.
On 20 October 2003, following his records being reviewed by the military
disability evaluation system, the applicant was relieved from active duty
and place on the Temporary Disability Retirement List. His retirement
order indicated his disability was not the direct result of a combat
related injury. He served 17 years and 14 days of active duty of which 2
months, and 21 days was foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application request be denied. DPPPR states
there is no official documentation that verifies the applicant’s MH-53
helicopter crashed as a result of direct enemy action. USCENTAF confirmed
the incident as non-hostile. In addition, the applicant submits a news
article indicating his helicopter crashed after encountering extreme
weather.
DPPPR states the PH Medal is awarded for wounds received as a direct result
of enemy actions and 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.
DPPPRA states the Purple Heart Review Board disapproved the applicant’s
request for award of the PH Medal on 25 October 2006.
The AFPC/DPPPRA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 3 November 2006, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of the available
records, we found no evidence that the individual is eligible for award of
the Purple Heart Medal. The applicant did not provide any documentary
evidence to substantiate his claim that he was wounded as a direct result
of enemy action, or that he was recommended for, or awarded, the Purple
Heart Medal. The personal sacrifice the applicant endured for his country
is noted and the recommendation to deny the requested relief in no way
diminishes the high regard we have for his service. Nevertheless, in view
of the above, we find no basis to favorably consider 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 this application in Executive
Session on 9 January 2007, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Mary C. Puckett, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2006-02509:
Exhibit A. DD Form 149, dated 14 Aug 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPRA, dated 25 Oct 06.
Exhibit D. Letter, SAF/MRBR, dated 3 Nov 06.
KATHLEEN F. GRAHAM
Panel Chair
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