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AF | BCMR | CY2012 | BC-2011-04220
Original file (BC-2011-04220.pdf) Auto-classification: Denied
 
 

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). 
 
________________________________________________________________ 
 

 
 
 

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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 

 
 

  
  

 
 

 
 

 
 

 
 

 
 
 

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