RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01492
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should receive the PH for injuries incurred as a direct result of a combat mission, under enemy fire, in a combat zone.

During an operational mission in Vietnam on 28 April 1963, his aircraft was forced to make a hard landing due to the heat, enemy fire, and very steep approach to the landing strip.  Upon landing, he injured his back and was treated with a maximum dose of Demerol.  He was medically evacuated to the hospital at Clark AB and placed in traction for several days.  Although he was not concerned with receiving the PH in 1963, it is now preventing him from concurrent receipt of Department of Veterans Administration (DVA) benefits. 

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a retired major who was injured during a combat support mission on 28 April 1963.  He was found medically incapacitated to fly on 2 May 1963.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s records do not provide conclusive evidence that the injury he incurred on 28 April 1963 was the direct result of enemy actions.  He has provided no medical evidence to support his claim.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states, among other things, that his spinal compression was a direct result of the referenced mission and resulted in his grounding from flying duty.  He has no contact with eyewitnesses with whom he can document more clearly the events that led to his request.

The applicant’s complete response, with attachments, 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.  After thoroughly reviewing the evidence of record and noting the 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 required or received treatment by medical personnel.  The applicant contends he was injured when his aircraft was forced to make a hard landing during a 28 April 1963 combat mission.  In support of his appeal, he provides medical documentation indicating that on 2 May 1963, he was medically incapacitated from flying duties, and on 27 May 1963, he was treated for chronic cervical nerve compression.  However, there is no evidence he was injured as a direct result of enemy action.  The personal sacrifice 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.

_________________________________________________________________

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 Docket Number BC-2004-01492 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 5 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
    Exhibit E.  Letter, Applicant, dated 23 Jul 04, w/atchs.