RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03144
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be entitled to the award of the Purple Heart (PH) Medal.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was injured while serving in Turkey, on 4 May 1963, during an
attack. He received a scalp wound from a machete and believes
his injury meets the criteria and guidelines to be awarded the
PH.
In support of his appeal, the applicant provides a copy of his
DD Form 214, Report of Transfer or Discharge, issued in
conjunction with his 21 July 1964 release from active duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force, on
30 November 1960, for a period of four years. He was released
from active duty under the provisions of AFR 39-14, with
Separation Designator (SDN) 411 (early separation of overseas
returnee), and with service characterized as honorable. He was
credited with 3 years, 7 months, and 22 days of active duty
service, including one year, six months, and seven days of
foreign service.
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial, stating, in part, although it
can be confirmed that the applicant received scalp injury on or
around 4 May 1963, there is no documentation confirming the
applicant was attacked by an armed enemy of the United States
while serving in Turkey between 1963 and 1964. The applicant
has not provided any documentation to support his claim.
According to the applicant's record, he served at Cigli Air
Base, Turkey, from 11 January 1963 to 17 July 1964. The
applicant previously submitted request for entitlement to the PH
through Congressional Inquiry in 2005. The Purple Heart Review
Board (PHRB) considered the applicants case for his entitlement
to the PH and on 7 June 2005; the PHRB disapproved his request.
The applicant again submitted a request for entitlement to the
PH through Congressional Inquiry in 2006 and on 11 May 2006, he
was again informed that the PHRB disapproved his claim, as there
was not enough documentation to support that the claim was a
direct result of enemy action. The attack appeared to be a
disgruntled Turkish national; it could not be determined that
the man who attacked the applicant was an international
terrorist or an armed enemy of the United States.
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 the 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 aircraft's evasive measures against
hostile fire or Post-Traumatic Stress Disorder. However, the
Purple Heart Review Board (PHRB) has the authority, on behalf of
the Secretary of the Air Force, to determine a veteran's
entitlement to the PH. Each request is considered based on the
policies and criteria in use at the time the veteran was
injured, and the determination is dependent on the documentary
evidence presented.
The complete AFPC/DPSIDRA evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
The applicant notes, that on 4 May 1963, he was attacked. His
records maintained by the Department of Veterans Affairs (DVA)
supports his claim. While the court records in Izmir, Turkey
have been destroyed, they reflect a find by the Turkish court of
an unprovoked attack with intent to kill his entire group in
escort. The attacker received two life sentences. The
applicant believes this incident entitles him to the award of
the PH.
In support of his appeal, the applicant provides a personal
statement and a copy of his congressional representatives
response from the National Personnel Record Center (NPRC),
St. Louis, MO.
The applicants complete response, with attachments, 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. 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
their rationale as the basis for our conclusion that the
applicant has not been the victim of an error or injustice. The
acts of heroism and personal sacrifice the applicant endured for
our nation is noted; however, based on our review of the
evidence of record and the documentation submitted in support of
the appeal, we do not find it sufficient to recommend award of
the PH. Therefore, in the absence of evidence to the contrary,
we find no basis to recommend granting the relief sought in this
application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material 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-2010-03144 in Executive Session on 16 June 2011, under
the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 20 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10.
Exhibit E. Letter, Applicant, dated 19 Nov 10.
Panel Chair
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