RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-01576
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 21 NOV 2008
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
___________________________________________________________________
APPLICANT CONTENDS THAT:
While guarding some F86 fighter jets, he received a concussion
during a bomb raid from a Korean or Chinese fighter plane.
Applicant was serving as a military policeman at the time. He
should have received the PH prior to his discharge.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force 4 Aug 50 for a period
of four years. He was progressively promoted to the grade of staff
sergeant (SSgt) with an effective date and date of rank (DOR) of
1 Feb 53. He served as an Air Policeman, with the 4th Fighter
Wing.
Applicant received character and efficiency ratings of excellent
from 18 Sep 50 to 13 Dec 51; he received character and efficiency
ratings of unknown from 20 Dec 51 to 9 Jan 52, and a character and
efficiency rating of excellent from 11 Jan 52 to 15 Feb 53.
On 2 Dec 53, applicant was honorably discharged under the
provisions of AFR 39-14. He was credited with 3 years, 3 months,
and 29 days of active duty, including 1 year, 1 month, and 19 days
of foreign service. Applicant’s DD Form 214, Report of Separation
from the Armed Forces of the United States, reflects in Item 29.
Wounds received as a result of action with enemy forces as “not
applicable.”
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial,
stating, in part, applicant requests award of the PH for injuries
received during a bomb concussion from a North Korea or Chinese
fighter plane. Applicant was previously informed of the PH
criteria on 20 Sep 92. Applicant’s previous request as well as his
most recent request does not meet the requirements for submitting
his package to the Purple Heart Review Board (PHRB) for
consideration.
To be awarded the PH, a member must provide documentation to
support he was wounded as a result of enemy action. Indirect
injuries do not meet the PH criteria. Indirect injuries include
but are not limited to, diseases, exposure, injuries received while
seeking shelter from mortar or rocket attacks, aircraft bombings,
grenades, and injuries incurred while serving as an aircraft member
or in a passenger status as a result of the aircraft’s evasive
measures against hostile fire.
HQ AFPC/DPPPR’s complete evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 15 Jun 07 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. We took notice of
the applicant's complete submission in judging the merits of the
case. Military members are entitled to award of the Purple Heart
Medal for wounds received as a direct result of enemy action and
for which medical treatment was or would have been required. No
evidence has been submitted to substantiate claim for award of the
PH. We therefore agree with the opinion and recommendation of the
Air Force office of primary responsibility and adopt its rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice. Hence, 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 AFBCMR Docket Number
BC-2007-01576 in Executive Session on 18 July 2007, under the
provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Barbara R. Murray, Member
Mr. Richard K. Hartley, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 14 May 07.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 5 Jun 07.
Exhibit D. Letter, SAF/MRBR, dated 15 Jun 07.
THOMAS S. MARKIEWICZ
Chair
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