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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