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AF | BCMR | CY2010 | BC-2009-01265
Original file (BC-2009-01265.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-01265
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He sustained injuries in an aircraft on 30 Jun  50  and  was  not  aware  he
might be entitled to the PH.

In support of the application, the applicant submits copies of his  DD  Form
2860,  Section  III  -  Final  Combat-Related  Service  Compensation  (CRSC)
Criteria,  cardiopulmonary  lab  report,  progress  notes,  medical   record
consultation sheet, MRI results, doctor’s  prescription,  Veteran’s  Affairs
Form 10-2731, Request for Administrative and Adjudicative  Action,  and  his
patient medication list.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was honorably discharged from the Regular Air Force on  5  Aug
52 in the grade of airman first class.  He served 3 years, 9 months  and  17
days on active duty.

His Report of Medical History dated, 22 Jul 52,  states  “…Injured  back  in
Jun 1950 when had explosion mid-air.  Bailed out of  aircraft;  no  residual
difficulty now.”

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  On  30  Jun  50,  the  applicant  endured
multiple burns  and  psychological  trauma  while  abandoning  an  exploding
aircraft when a fire ignited on board the aircraft  shortly  after  takeoff.
In an attempt to save the crew and aircraft, the  pilot  jettisoned  the  on
board fuel storage tanks; however, due to a malfunction, the departing  fuel
mixed with the fire outside the aircraft  and  caused  the  explosion.   The
applicant was able to vacate the aircraft just as the detonation occurred.

The PH is awarded for wounds or death as a result of an act of any  opposing
armed force, an international terrorist attack or military operations  while
serving as part of a peacekeeping force.

There is no evidence the applicant was nominated for the PH  medal.   On  25
Aug 09, the Purple Heart Review Board determined that based on the  evidence
submitted, the applicant was not entitled to the award.

The complete DPSIDR 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 18  Sep
09, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
his injuries meet the criteria for award of the Purple Heart (PH).  In  this
respect, we note the PH is awarded for wounds received in action against  an
enemy or as a direct result of enemy  action.   Additionally,  we  note  the
explanation provided by the Air Force office of  primary  responsibility  in
that the aircraft explosion and the  injuries  sustained  by  the  applicant
appear to be  due  to  a  mishap  and  were  not  caused  by  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  personal  sacrifice  the  applicant  has  endured  for  his
country is noted; however, we find no basis upon  which  to  establish  that
his injuries meet the criteria for entitlement to the PH.

_________________________________________________________________

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-2009-01265  in
Executive Session on 9 Mar 10, under the provisions of AFI 36-2603:

      Chair
      Member
      Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Mar 09, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 28 Aug 09.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Sep 09.




                                   Chair

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