RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03674
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should received the PH because his current disability was the direct result of a combat related injury.

In support of the appeal, applicant submits a copy of the special orders retiring him by reason of physical disability.

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

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STATEMENT OF FACTS:

The applicant is a retired Air Force master sergeant, who was permanently retired by reason of physicial disabilty on 28 December 1999, with a 40% rating.  The retirement orders indicate the disability was received in the line of duty as a direct result of armed conflict or caused by an instrumentality of war during a period of war.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary that the wound have required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that although the applicant’s retirement orders indicate that his disability was the direct result of a combat related injury, his injuries were caused by an aircraft accident in which his C-130 aircraft ran off the runway, smashing him into a bulkhead.  Since his injuries were not the direct result of enemy action, he is not entitled to the PH.

The AFPC/DPPPR evaluation is at Exhibit B.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 18 June 2004 for review and response within 30 days.  However, as of this date, this office has received no response.

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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 applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy actions and it is necessary the wound have required or received treatment by medical personnel.  Although applicant’s disability was the direct result of a combat related injury, it was not the direct result of enemy action, but rather an aircraft accident in which his C-130 aircraft ran off the runway, smashing him into a bulkhead.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, in the absence of evidence that he was injured as a direct result of enemy action, we find no compelling basis to recommend awarding him the PH.

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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-2003-03674 in Executive Session on 17 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Oct 03, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 7 Jun 04.
    Exhibit C.  Letter, SAF/MRBR, dated 18 Jun 04.