RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00818
		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 was injured on 22 August 1963, when his right foot was caught between the loading ramp and airframe of a C-123.  He was taken to the dispensary where it was discovered that two toes and the tip of his big toe were severed.

In support of the appeal, applicant submits his personal statement and extracts from his military records.

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

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STATEMENT OF FACTS:

The applicant is a retired technical sergeant, who served as an aircraft mechanic at XXXXXXX.  On 22 August 1963, his right foot was severely crushed by a loading ramp while preparing for an aircraft maintenance mission.  As a result of the injury, his second and third toes of his right foot were amputated.

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 applicant’s injury does not meet the criteria for award of the PH, since it was the result of an accident and not from enemy action.

The AFPC/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 23 April 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.  In this respect, we note 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.).  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he was injured as a direct result of enemy action.  To the contrary, the evidence of record indicates that his right foot was severely crushed by a loading ramp while preparing for an aircraft maintenance 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, since he was injured as a result of an accident, rather than the direct result of enemy action, he does not meet the criteria for award of the PH.  Therefore, in the absence of evidence to the contrary, 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-2004-00818 in Executive Session on 8 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, undated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Apr 04.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.