RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 03-03708
		INDEX CODE:  107.00
		COUNSEL:  NONE
		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:

On 21 July 1971, he was shot by another Air Force person in the right upper arm while on duty as a XXXXX at XXXX Air Base, XXXXX.  He feels he was shot in the line of duty due to hostile action.  As he sees it, he was a victim of an armed criminal who was the enemy.  

Applicant submits no supporting documentation.  Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

On 31 October 1990, the applicant was relieved from active duty and was retired in the grade of master sergeant effective 1 November 1990.  Applicant was credited with 20 years, 5 months and 23 days of total service for basic pay and 20 years and 9 days of active service for retirement.  

His separation document (13 January 1975) for the period in question reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal, Air Force Expeditionary Medal (Korea) and the Air Force Longevity Service Award.  

Applicant’s medical records show that on 21 July 1971, an entry was made documenting a “gun shot wound, shot at close range with a small caliber hand gun.”  Subsequent medical entries reflect normal healing of the wound.

Based on the medical records provided by the Department of Veterans Affairs (DVA), the residuals of a gunshot wound, right upper arm were established by the DVA as directly related to military service and was evaluated at 30 percent disabling.

On 8 January 2004, the Awards and Decorations Section, advised the applicant that his records showed he is not eligible for award of the Purple Heart because the injuries he received were not the result of enemy action.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that there is medical documentation pertaining to the injury received; however, there is no evidence in the record showing the injury was the result of enemy action.  Based on the information provided, DPPPR opines that the applicant does not meet the PH criteria.  

The DPPPR evaluation is at Exhibit C.

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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 16 April 2004 for review and response.  As of this date, no response has been received by this office.

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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.  The applicant contends that he should be awarded the Purple Heart for a gunshot wound he sustained while on duty as a XXXX at XXXX Air Base, XXXX.  However, he has provided no evidence to indicate that the injury he sustained was the direct result of enemy action.  After a review of his personnel and medical records, to include a September 1997 Veterans Administration Rating which indicates service-connected disability for his gunshot wound, the evidence does not persuade us that he should be awarded the Purple Heart Medal.  In the absence of evidence indicating that the applicant sustained an injury that met the criteria for award of the Purple Heart Medal, we agree with the opinion and assessment of the Air Force office of primary responsibility concerning the applicant’s request for the Purple Heart Medal.  While we appreciate the applicant’s service to his country, in view of the above and absent persuasive evidence      

showing his records are in error or unjust, the applicant’s request is not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application AFBCMR Docket Number 03-03708 in Executive Session on 8 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 12 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Apr 04.