RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00969

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was wounded in the line of duty under combat conditions and awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the PH as a result of injuries he received when his aircraft crashed landed due to undercarriage battle damage from enemy anti-aircraft positions during the mission.

The applicant states that on 7 May 1952, while returning to K-47, Korea, from a combat mission, his aircraft crashed on the runway.  The aircraft received battle damage over the enemy target and the landing gear malfunctioned upon touchdown.  The crash resulted in injuries for which he received medical treatment at the Base Hospital.  The base maintenance airmen, having a direct knowledge of the damage details, told him that the wheels on the aircraft would not rotate due to undercarriage battle damage.

In support of the appeal, the applicant submits his personal statement, a Flight Surgeon Report of Crash Injuries, Special Orders removing and returning him to flight status, and flight logs certifying the flight crash was returning from a combat mission.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty in the Air Force during the period 16 December 1950 through 23 June 1959.

An Outpatient Record entry, dated 7 May 1952, indicates that he was involved in a T-6 crash at K-47 while being an observer (rear seat); received multiple minor and superficial lacerations of both hands and a scalp contusion.

On 7 May 1952, the Flight Surgeon determined his injuries were incurred in the line of duty and physically disqualified him from flying duty.  He was removed from flying duty until 9 May 1952.

The Purple Heart (PH) is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries due to the aircraft being shot down).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s medical records indicate that his injuries were incurred as a result of an aircraft accident, not the direct result of enemy action.  Although he claims the air crash was not an accident, he has not provided any documentation to substantiate his claim.  In addition, he did not provide any eyewitness statements or an official report indicating the aircraft had received battle damage from the enemy.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that documentation, maintenance records, and eyewitness accounts that would strengthen his case are not available.  It is apparent that he was injured on 7 May 1952 due to the crash, taken to the Base Hospital, and examined by the Flight Surgeon.  He was not an observer in the rear seat.  Both he and another lieutenant were on orders as Instructor Pilots.  In addition, he was on orders as Test Pilot - the point being that they were both very experienced pilots in the T-6 aircraft so it was highly unlikely the crash was due to pilot error as suggested.  During the course of the mission, they encountered enemy fire, but were unaware the undercarriage of the aircraft had been hit.  The landing gear extended and everything appeared normal; however, upon touchdown in the tail low position, the aircraft suddenly flipped up on its nose, continued down the runway finally settling on its back.  He was trapped and had sustained the injuries noted in the medical report.

Applicant’s complete response is at Exhibit E.

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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 noting the applicant’s contentions, we are not persuaded that his injuries incurred on 7 May 1952 meet the criteria for award of the Purple Heart (PH).  The applicant requests that his records be corrected to reflect that he was wounded in the line of duty under combat conditions and awarded the PH.  However, a Change of Physical Qualification Affecting Flying Status, dated 7 May 1952, indicates that the applicant was found physically disqualified from flying for a period not to exceed three days by reason of an incapacity resulting from an aviation accident.  Since his records reflect that his injuries were incurred in the line of duty as a result of an aviation accident, we find no basis upon which to recommend correcting his records to indicate that he was wounded in the line of duty under combat conditions.  The applicant contends that he should be awarded the PH since the crash of his aircraft was due to undercarriage battle damage sustained from enemy anti-aircraft positions during the mission.  In support of this contention, the applicant’s provides his personal statement indicating that after the landing, he was told by a base maintenance airman that the wheels of the aircraft would not rotate due to battle damage.  While we are not questioning the applicant’s integrity, he has not provided corroborative evidence, such as a statement from the base maintenance airmen, or official documentation to establish that the aircraft crash landed due to battle damage sustained during the mission.  The personal sacrifice he 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 warrant awarding him the PH.  Hence, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2003-00969 in Executive Session on 18 June 2003, under the provisions of AFI 36-2603:

				Vice Chair
				Member
				Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
    Exhibit E.  Letter, Applicant, dated 20 May 03.

                                   
                                   Vice Chair