RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01903
		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 receive the PH for burns and injuries he incurred on 19 February 1952, at a forward air base in Korea.

In support of the appeal, applicant submits a copy of the citation to accompany the award of the Soldier’s Medal he received for his heroism on 19 February 1952, when a firebomb exploded while assisting in the parking of a B-26 aircraft.  In addition, he submits extracts from his medical records documenting the treatment he received.

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

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STATEMENT OF FACTS:

Applicant is a former airplane mechanic that served in the Regular Air Force on active duty from 7 July 1949 to 7 January 1953.

On 19 February 1952, at Kunsan, Korea, while parking a B-26 aircraft, a 100-pound M-97 incendiary bomb that was lying by the loading ramp exploded ten feet from the ground crew.  The exploding particles ignited the clothing of the men, resulting in serious burns.  Disregarding the burns and injuries he sustained, applicant immediately went to the assistance of his companion and extinguished the flames.

A Clinical Record, dated 19 February 1952, indicates applicant was admitted to the emergency room and received medical treatment for first, second, and third degree burns of his face, arms, and hands incurred on that date.

On 25 May 1952, he was awarded the Soldier’s Medal for heroism not involving actual conflict with an enemy on 19 February 1952.

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 the wound 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 injuries were not the direct result of enemy action.  The M-97 firebomb that exploded belonged to the United States or our allies.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The M-97 firebomb will not explode unless the cotter pin safety device is removed letting the propeller rotate.  An enemy of the U.S. removed the pin.  His injury was caused by the bomb exploding and was the direct result of enemy action.

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.  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.  Applicant contends he sustained injuries when a firebomb exploded, as a result of the cotter pin being removed by an enemy of the United States.  After thoroughly reviewing the evidence of record and the documentation provided by applicant, we find insufficient evidence to substantiate the explosion was the direct result of enemy action.  The evidence of record indicates that while parking a B-26 aircraft, a 100-pound M-97 incendiary bomb that was lying by the loading ramp exploded.  Further, for his actions during the incident, applicant was awarded the Soldier’s Medal for heroism not involving actual conflict with an enemy.  The personal sacrifice applicant endured for his country and his selfless act of heroism 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 demonstrate that he was injured as a direct result of enemy action.  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-2004-01903 in Executive Session on 1 September 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 20 May 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 2 Aug 04.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.
    Exhibit E.  Letter, Applicant, dated 17 Aug 04.