RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-00575
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He injured his legs while returning his damaged aircraft to
England from a mission in Germany. His aircraft had taken more
than 2,000 hits from enemy fire and was totally destroyed.
The applicant states the award of the PH is justified when
injury caused by vehicle of aircraft accident resulting from
enemy fire. Additionally, the Department of Defense (DoD)
should recognize all who are injured while in service to their
country and award the PH to those who have earned the
distinction.
In support of his request, the applicant provides a copy of his
Veterans Administration (VA) disability compensation or pension
award letter, narrative of the Distinguished Flying Cross (DFC)
award, and letters written in 1947 and 1951.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 10 March 1943, the former member was commissioned in the Army
Air Force.
On 28 September 1945, he was discharged with an honorable
discharge. He had 1 year, 10 months and 9 days of total active
service.
His WD AGO Form 53-98, Military Record and Report of Separation
Certificate of Service reflects award of the European, African,
Middle Eastern (EAME) Service Medal, Air Medal with three oak
leaf clusters, and the Distinguished Flying Cross (DFC) with one
oak leaf cluster.
The PH is awarded for wounds received as a direct result of
enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand
combat wounds, and forced aircraft bailout injuries, etc). In
addition, it is necessary that the wound required or received
documented 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 aircrew member or in a
passenger status because of the aircrafts evasive measures
against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant did
not provide nor were we able to locate medical documentation to
substantiate medical treatment was received for the injury or a
statement from a medical officer attesting that an examination
revealed that an injury of the type incurred, would or should
have received medical treatment. Additionally, the DFC
specifically states a crash landing was made without injury to
personnel.
DPSIDR states the Purple Heart Review Board (PHRB) disapproved
the applicants request on 8 April 2011, and provided the
following comments: Disapproved no evidence provided to show
that injury resulted as a direct result of enemy action.
The complete DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant states due to the damage to the aircraft, he had
to jam his legs behind the controls and flew in this position
for three hours. His injuries were a direct result of enemy
actions and resulted in his Veteran Administration (VA)
disability rating of 30 percent for leg injuries. Additionally,
the applicant states the requirements state in case an
individual is injured as a result of enemy fire, the decision
will be made in favor of the individual and the award will be
made.
The applicants complete submission 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
thoroughly reviewing the evidence of record and noting the
applicants contentions, we find no evidence which would lead us
to believe the applicants injuries were a direct result of
enemy action as required for award of the PH. 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 the applicant has not been the victim
of an error or injustice. The personal sacrifice the applicant
has endured for his country is noted and our decision is not
intended in any way to lessen the importance of his service;
however, insufficient documentary evidence has been presented to
warrant awarding him the PH. 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 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-2011-00575 in Executive Session on 29 June 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered pertaining to
AFBCMR Docket Number BC-2011-00575:
Exhibit A. DD Form 149, dated 13 May 2010, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. HQ AFPC/DPSIDR, Letter, dated 11 April 2011.
Exhibit D. SAF/MRBR, Letter, dated 6 May 2011.
Exhibit E. Applicants Letter, dated 19 May 2011.
Panel Chair
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