RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01938
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured during ejection while on a bombing mission in Jul
67.
He believes it is not intended that such a strict interpretation
of the requirement for the wound or injury to be caused by direct
result of hostile action be taken that it would preclude the
award being made to deserving personnel.
Commanders must also take into consideration the circumstances
surrounding an injury even if it appears to meet the criteria.
In support of his request, the applicant provides an SF Form 502, Medical Record - Narrative Summary, dated 15 Jul 67.
The applicant's complete submission, with attachment, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 16 Nov 59 to 30 Jun 80,
and was credited with 20 years, 7 months, and 15 days of active
duty service, of which 5 years, 7 months and 25 days was Foreign
Service.
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 bailout 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 aircrew member or in a passenger status as a result
of the aircrafts evasive measures against hostile fire or Post-
Traumatic Stress Disorder.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDR states the applicant does
not meet the criteria for award of the PH. The applicants SF
Form 502, states he was ejected from a B52 on 7 Jul 67 following
an in-air collision with another B52 and transferred from
Southeast Asia to Anderson AFB, Guam to recover from his injury.
The applicants Officer Effectiveness Report (OER) covering
17 May 67 to 16 Nov 67, also confirms he was involved in a mid-
air collision while on temporary duty (TDY) in Southeast Asia.
However, there is no official documentation verifying the mid-air
collision or the applicants injuries were caused by direct enemy
action nor does the applicant claim his injury was due to direct
enemy action.
The complete DPSIDRA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
According to his interpretation of Army Regulation (AR) 600-8-22, Military Awards, dated 11 Dec 06, the provisions of Section 1130
of Title 10, United States Code, allows for the consideration of
awards not previously considered or the upgrade of decorations
previously approved.
Additional documentation of the mid air collision can be found in
a book titled We Were Crew Dogs.
According to AR 600-8-22, examples of injuries or wounds which
clearly do not justify award of the Purple Heart are as follows:
Accidents, to include explosives, aircraft, vehicular, and other
accidental wounding not related to or caused by enemy action;
however, he contends that he would not have been on that mission
if the enemy had not stored munitions in their target area to be
used against their troops.
The applicants complete response 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 his response to
the Air Force evaluation, we are not persuaded that he has been
the victim of an error or injustice. The applicants contentions
are duly noted; however, we do not find these assertions, in and
by themselves, sufficiently persuasive to override the rationale
provided by the Air Force. The personal sacrifice the applicant
endured for his country is noted and our decision in no way
diminishes the high regard we have for his service; however,
insufficient documentary evidence has been presented to
substantiate that he has a qualifying injury that warrants award
of 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-2011-01938 in Executive Session on 22 Sep 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 11 Aug 11.
Exhibit D. Letter, SAF/MRBR, dated 19 Aug 11.
Exhibit E. Letter, Applicant, dated 22 Aug 11.
Panel Chair
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