RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2008-01015
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart (PH)
medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1959, he was stationed in Japan and served two years as an air
policeman.
During a routine visit downtown, he was attacked by a gang of foreign
nationals. He received six stitches in his head for injuries resulting
from the attack. His commander and first sergeant told him he “deserved a
PH medal” and based on their comments, he thought that he had received it.
He is a peacetime veteran wounded in the line of duty. After his service
discharge, he was employed at a newspaper company for 41 years. He retired
in June 2002 and has been a responsible taxpayer all of his life.
He is now almost 70 years old and not in the best of health. His medical
care benefits are limited; however, if he is awarded the PH medal he would
be entitled to additional Veteran’s Affairs (VA) services. He has moved
several times and does not have any documentation from his military
personnel records.
In support of his application, he submits his personal statement, a survey,
a copy of his VA card, and a letter from the US Senate.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 Apr 60, the applicant was relieved from active duty and honorably
discharged. Applicant was credited with 3 years, 2 months, and 11 days of
military service to include 1 year, 11 months and 17 days of foreign
service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states to be awarded the PH 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. Indirect injuries do not meet PH criteria.
A statement in his medical records dated 12 Jul 59, reads “Patient was
involved in fight downtown and received multiple abrasions and lacerations
of head and between 3rd and 4th finger of left hand.” DPSIDR states the
injuries sustained by the applicant were not a result of recognized enemy
action.
The complete HQ AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant disagrees with the Air Force recommendation and states his wounds
were the direct result of enemy action, terrorism attack, and a plot to
injure or kill any Americans. He was not involved in a fight, he was
involved in a deliberate attack, and his wounds required medical treatment.
His complete response 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. After a thorough review of his submission
we are not persuaded that the applicant should be awarded the Purple Heart
medal. There is no corroborating evidence, medical or otherwise, that the
injuries he sustained were a direct result of enemy action. Therefore, we
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.
________________________________________________________________
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 BC-2008-01015 in
Executive Session on 19 Aug 08, under the provisions of AFI 36-2603:
Ms. Cathlynn B. Novel, Panel Chair
Ms. Debra K. Walker, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Mar 08, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 4 Jun 08.
Exhibit D. Letter, SAF/MRBR, dated 20 Jun 08.
Exhibit E. Letter, Applicant, undated.
CATHLYNN B. NOVEL
Panel Chair
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