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AF | BCMR | CY2008 | BC-2007-02555
Original file (BC-2007-02555.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: BC-2007-02555
                                             INDEX CODE:  100.00
                                             COUNSEL:  NOT INDICATED

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be entitled to the Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

Since he was injured during battle, he should be entitled to the PH.

He was injured during a forced bailout  from  an  F4-C,  Phantom,  over  the
China Sea on 21 Dec 66.  The other  individual  in  the  aircraft,  although
initially  determined  to  have  been  missing-in-action  was   subsequently
determined to have been killed-in-action.  He ejected at  supersonic  speed,
resulting in excessive wind-milling of his arms and legs.  He was placed  in
a cast and advised that as he grew  older  he  would  experience  additional
trouble with  his  arms  and  legs.   Although  he  originally  thought  the
incident to have been  caused  by  aircraft  malfunction,  he  has  recently
obtained a copy of the casualty report of his fellow crew member  indicating
a casualty from battle.

In support of the appeal, applicant submits extracts  from  the  records  of
his fellow crew member who died during the  mission,  a  newspaper  article,
and a Feb 07 Magnetic Resonance Imaging (MRI) of his knee.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant  is  a  former  Air  Force  Reserve  captain,  who  served  in
Southeast Asia during the period 11 Aug 66 through 20 Jan 67,  as  an  F-4C,
Phantom, pilot.  During this period, he  completed  a  total  of  72  combat
missions, totaling 110:45  combat  hours,  for  which  he  was  awarded  one
Distinguished Flying Cross and seven Air Medals.

AF Form 1042, Medical Recommendation  for  Flying  Duty,  dated  28 Mar  67,
indicates  that  on  20  Dec  66,  the   applicant   was   found   medically
incapacitated to fly, due  to  a  strain  of  his  right  medial  collateral
ligament (MCL) and a soft tissue injury of his left elbow.

DD Form 1300, Report of Casualty, prepared 20 Sep 73,  indicates  the  other
individual in the aircraft died while in a non-battle duty status.

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 treatment by medical personnel.   Indirect  injuries  do
not meet the criteria for award of the PH.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR  recommends  denial  and  states  in  part,  that  no   official
documentation was located in the applicant’s record that verifies he bailed-
out due to direct enemy action.  The  evidence  provided  by  the  applicant
indicates the incident was an accident.

The AFPC/DPSIDR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant  on  9  Nov
07, for review and comment, within 30 days.  However, 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 error or injustice.  In regard to the applicant’s  request  for
award of the PH, the Board notes the evidence of record  supports  the  fact
that the injuries he sustained on 21 Dec 66 were the result of  an  aircraft
accident and not a direct result of enemy action.  Indirect injuries do  not
meet the criteria for award  of  the  PH.   Therefore,  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  Docket  Number  BC-2007-02555
in Executive Session on 8 Jan 08, under the provisions of AFI 36-2603:

                       Mr. John B. Hennessey, Panel Chair
                       Ms. Teri G. Spoutz, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 22 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 07.




                                   JOHN B. HENNESSEY

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