RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
DOCKET NUMBER: BC-2011-04220
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to the Purple Heart (PH) for injuries he received
in an automobile accident while on temporary duty (TDY) in Feb
1951.
________________________________________________________________
APPLICANT CONTENDS THAT:
In the course of applying for Department of Veterans Affairs
(DVA) benefits, his service number was not found in the DVA
records at St. Louis. His dates of service were from
Dec 1950 to Oct 1951.
He has glaucoma in both eyes. Entitlement of the PH would
enable him to receive DVA benefits.
While in the service he invented "aeroplast," a sprayable
plastic surgical dressing for wounds and burns that was
published in the U.S. Armed Forces Medical Journal as a lead
article. In this article he was identified as a “captain” in
the Air Force.
During a TDY he was injured in an automobile accident on the
last day of Mardi Gras in 1950 while returning to his duty
location. He was hospitalized for two days where a Air Force
contracted surgeon operated on his right thigh to close a deep
laceration that extended to the femur. Since this injury
occurred during a TDY, he was entitled to a PH, which he never
received.
Unfortunately the hospital no longer exists, but he is sure the
highway patrol has a record of the accident.
He wrote the DVA but they do not have a record of his injury.
He does not know if the driver of the vehicle involved in the
crash is still alive. His last known address was the city zoo.
In support of his request, the applicant provides a personal
statement, copies of electronic communiqués, numerous letters of
support, an American Medical Association article, and other
items in support of his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The PH is awarded to members of the U.S. Armed Forces who have
been wounded, killed or who have died or may hereafter die of
wounds received in action against an enemy of the U.S. or
opposing force as a result of an act of any such enemy or
opposing armed force, an international terrorist attack or
during military operations while serving as part of a
peacekeeping force. A wound for which the award is made must
have required treatment, not merely examination, by a medical
officer. Additionally, treatment of the wound shall be
documented in the member's medical and/or health record. Award
of the PH may be made for wounds treated by a medical
professional other than a medical officer, provided a medical
officer includes a statement in the member's medical record that
the extent of the wounds were such that they would have required
treatment by a medical officer if one had been available to
treat them.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states there was no
medical documentation provided or located in the applicant's
military personnel record verifying that he ever received wounds
as a direct result of enemy actions.
The complete DPSIDR evaluation is at Exhibit B.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 30 May 2012, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. To
date, a response has not been received (Exhibit C).
________________________________________________________________
2
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 the applicant’s
contentions, we are not persuaded the requested relief should be
granted. The applicant’s personal sacrifice and unselfish
service to his country is noted and our decision in no way
lessens our regard for his service; however, without
documentation to substantiate his injury was the direct result
of enemy action, we are unable to verify his entitlement to the
Purple Heart. Therefore, in the absence of evidence to the
contrary, we agree with the opinion of the Air Force office of
primary responsibility and 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 AFBCMR Docket
Number BC-2011-04220 in Executive Session on 18 Jul 2012, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
3
The following documentary evidence was considered in AFBCMR BC-
2011-04220:
Exhibit A. DD Form 149, dated 21 Oct 2011, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIDRA, dated 11 May 2012.
Exhibit C. Letter, SAF/MRBR, dated 30 May 2012.
Panel Chair
4
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