AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-02167
IN THE MATTER OF:
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured during a combat mission and did not receive the PH
when he was forced to eject from his aircraft on 18 Aug 69. He
sustained multiple bruises and a laceration to his chin which
required stitches.
In support of his request, the applicant provides excerpts from
his medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The Purple Heart is awarded in the name of the President of the
United States to any member of the Armed Forces of the United
States who, while serving under competent authority in any
capacity with one of the U.S. Armed Services after April 5, 1917,
has been wounded or killed. Specific examples of services which
warrant the Purple Heart include any action against an enemy of
the United States; any action with an opposing armed force of a
foreign country in which the Armed Forces of the United States
are or have been engaged; while serving with friendly foreign
forces engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent party; as a
result of an act of any such enemy of opposing armed forces; or
as the result of an act of any hostile foreign force.
On 20 Jul 12, the Purple Heart Review Board (PHRB) considered the
applicant’s request to be awarded the PH; however, they
disapproved the request.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which is at Exhibit B.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial by stating the applicant was injured
when he ejected from a mechanically disabled aircraft and landed
on hard ground. Further, the available documentation indicates
that his injury was the result of an aircraft accident and not
from enemy action. Therefore, the applicant’s injury does not
meet the criteria for award of the PH.
The complete DPSID evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Aug 12 for review and comment within 30 days. As of this
date, this office has received no response.
_________________________________________________________________
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 an error or injustice. After a
thorough review of the available evidence and applicant’s
complete submission, we find no evidence that his records should
be corrected to show he was awarded the PH. As such, 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 that the applicant has not been the victim of an
error or injustice. The applicant’s honorable service is noted.
Regrettably, we do not find the evidence submitted is sufficient
to recommend granting the requested relief.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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-2012-02167 in Executive Session on 25 Oct 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 May 12, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 11 Aug 12.
Exhibit C. Letter, SAF/MRBR, dated 28 Aug 12.
Panel Chair
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