RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01511
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for a service-connected
wound in Nadzab, New Guinea.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was severely burned while on a combat mission in New Guinea in
1944. He earned the PH medal; however, he did not accept the
offer while hospitalized in Bisbane, Australia. He did not accept
the decoration because he did not think it was courageous to do
so.
In support of his request, the applicant provides copies of his
power of attorney, personal statements, DD Form 214, Armed Forces
of the United States Report of Transferor Discharge, extracts
from his records and his Department of Veterans Affairs rating
decision.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 May 1967, the applicant retired from the Air Force in the
grade of lieutenant colonel after serving 24 years, 7 months and
17 days of active duty.
Based on the applicants SF Form 502, Clinical Record Narrative
Summary, he received second and third degree burns when his
airplane collided with another aircraft on 18 January 1944.
On 19 April 1944, the applicants WD AGO Form 66-1, AAF Officers
Qualification Record, reflects he was admitted to a hospital in
New Guinea.
On 13 July 2010, AFPC/DPSIDR contacted his next of kin for more
information in regards to the applicants injury. During their
telephone conversation, she stated the applicants injury
occurred during a midair collision with a friendly aircraft.
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 required or received treatment by
medical personnel. Indirect injuries do not meet the criteria
for award of the PH. These include, but are not limited to,
injuries received while seeking shelter from mortar or rocket
attacks, aircraft bombings, grenades, and injuries incurred while
serving as an aircraft member in a passenger status as a result
of the aircrafts evasive measures against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicants
military personnel record lacks sufficient documentation or
evidence to support the award of the PH. The applicants injuries
were not caused as a direct result of enemy action and do not
meet the criteria outlined for award of the PH.
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 6 August 2010 for review and response 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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, 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 the applicant has not
been the victim of an error or injustice. Therefore, in the
absence of evidence to the contrary, we find no basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2010-01511 in Executive Session on 3 February 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered for Docket
Number BC-2010-01511:
Exhibit A. DD Form 149, dated 7 Apr 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 13 Jul 10.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10.
Panel Chair
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