RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02985
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His injuries occurred in a combat zone and should be considered service-
connected.
In support of his request, the applicant provided a copy of an AF Form 348,
Line of Duty Determination and a letter from the National Personnel Records
Center.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 May 1987, applicant retired in the grade of major after honorably
serving 20 years and 24 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states that on 31 August 2007, the
National Personnel Record Center (NPRC) informed the applicant “accidental
injuries received in a combat zone are not considered wounds received in
action. Therefore the Purple Heart could not be authorized."
On 21 June 2007, the Veterans Administration informed applicant “A review
of your service medical records show on 29 August 1971, you were riding in
the back of a truck, when the driver made a turn, you fell out and
sustained injuries.”
DPSIDR reviewed the applicant’s military record for evidence that he was
injured/wounded as a direct result of enemy action; however, they were
unable to locate such evidence. The applicant was on assignment in
Greenland when the accident occurred. A review of the AF Form 348 listed
this accident as occurring off-duty. Additionally, Section 16 - This
injury or disease was the direct result of; enemy action, operation against
an enemy, or instrumentality of war, the reply marked was “none of these.”
AFPC/DPSIDR’s complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states there are scars on the top
of his head and a scar in the back of his head due to injuries he occurred
in a combat zone.
Applicant's complete submission, with attachment, 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 an error or injustice. The applicant’s contentions are duly
noted; however, after thoroughly reviewing the evidence of record, we are
not persuaded that the injury he incurred meets the established criteria
for award of the PH. We found no evidence provided by the applicant or
documentation contained in his service records to substantiate his injury
was the direct result of enemy action as required for award of the PH. The
personal sacrifices he has endured for his country are duly noted and our
decision in no way is meant to diminish the high regard we have for his
service. However, absent documentary evidence showing his injury meets the
criteria for award of the PH, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the
existence of an error or 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-2007-
02985 in Executive Session on 13 February 2008 and 2 April 2008 under the
provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. James L. Sommer, Member
Ms. Barbara J. Barger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 September 2007, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 11 December 2007.
Exhibit D. Letter, SAF/MRBR, dated 4 January 2008.
Exhibit E. Letter, Applicant, dated 9 January 2008, w/atch.
JAMES W. RUSSELL III
Panel Chair
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