RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-00312
COUNSEL: NO
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
While flying as a pilot of a B-29 on a combat air mission over
North Korea, his aircraft encountered heavy anti-aircraft
artillery fire. Several shells exploded very near the aircraft
inflicting damage to the aircraft and two engines, causing their
loss of power and cabin pressurization. A small piece of
shrapnel struck him in the lower jaw knocking out two of his
teeth. He subsequently received medical treatment at the dental
clinic at Yokota Air Base, Japan. He asked his squadron
commander about receiving the PH for his injuries; however, the
reply he received was officers dont get a Purple Heart.
In support of his appeal, the applicant provides a personal
statement; and, copies of congressional correspondence; his DD
Form 214, Armed Forces of the United States Report of Transfer
or Discharge; Record of Inpatient Service; a Special Order; and
several photographs.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force, who
served on active duty for 20 years, 1 month and 1 day. He
served as an Air Operations Officer and was progressively
promoted to the grade of captain with a date of rank of 2
November 1955.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the evaluation by the
Air Force office of primary responsibility at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states that the applicant
previously submitted a request for the PH to their office
through the National Personnel Records Center in December 2012
and his request was submitted to the Purple Heart Review Board.
The Purple Heart Review Board considered the applicants request
and disapproved award of the PH on 27 February 2013. The
disapproval was based on lack of any medical documentation which
may have indicated his injury was a result of enemy action, and
eyewitness statements.
There was no new medical documentation presented with the
applicants current request and there are no eyewitness
statements corroborating the applicants claim of injury. To
grant him relief would be contrary to the eligibility criteria
established by Department of Defense Manual 1348.33.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The Air Force office of primary responsibility must be under the
assumption that everyone is a liar and the burden of proof must
be validated by witnesses for every word of a statement. His
appeal is mostly based on truthful and sworn statements, except
the original medical documentation indicating his tooth socket
was repacked about three days later, when they were sent back to
Japan for rest and relaxation, to get attention for his wound
and tooth socket, and for special order personnel assignments.
The applicants complete rebuttal 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. We took notice
of the applicant's contention that he should be awarded the
Purple Heart for shrapnel struck him in the lower jaw due to
heavy anti-aircraft artillery fire. The applicant has provided
no evidence to indicate that the injury sustained was the direct
result of enemy action. Absent sufficient documentation to
support his eligibility for award of the Purple Heart, we find
no basis to recommend granting relief. While we appreciate the
applicants service to his country, in view of the above and in
the absence of evidence to the contrary, the applicants request
cannot be 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-2013-00312 in Executive Session on 24 October 2013,
under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2013-00312:
Exhibit A. DD Form 149, dated 25 Mar 13, w/atchs.
Exhibit C. Letter, AFPC/DPSID, dated 14 May 13.
Exhibit D. Letter, SAF/MRBR, dated 31 May 13.
Exhibit E. Letter, Applicant, dated 14 Jun 13.
Panel Chair
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