RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02647
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO 

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APPLICANT REQUESTS:

Award of the Purple Heart (PH) for injuries sustained in 1952 when he fell off the wing of an airplane while trying to save a pilot who had crashed.
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APPLICANT CONTENDS THAT:

He received injuries to his head, ear, side of face and arm.

In support of his request, applicant submits copies of his AF Form 7, Airman Military Record.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 19 April 1951.  He was progressively promoted to the grade of staff sergeant (E-5), with an effective date and date of rank of 1 October 1963.

The applicant’s DD Form 214 covering his initial enlistment, 19 April 1951 - 26 April 1955, reveals two years, four months and nine days of foreign and/or SEA service and no wounds received as a result of action with enemy forces.  During this period, he was awarded the National Defense Service Medal and the Good Conduct Medal.

On 19 August 1965, the applicant was relieved from active duty under the provisions of AFM 35-4 (Permanently Retired by Reason of Physical Disability).  He was retired in the grade of E-5, with a compensable disability rating of 100 percent, on 20 August 1965.  He had completed a total of 14 years and 29 days of active duty service for retirement.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR states to be awarded the Purple Heart (PH), a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.  There is no evidence in the applicant’s medical or personnel records indicating he had been injured as a direct result of enemy action.  His injuries were the result of aiding a pilot after an aircraft accident and do not meet the criteria of this prestigious award.  The HQ AFPC/DPPPR evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 24 September 2004 for review and response.  As of this date, no response has been received by this office (Exhibit D).
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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 a review of the evidence of record and applicant’s submission, we are unpersuaded he should be awarded the Purple Heart for injuries sustained in 1952.  To be awarded the Purple Heart, a member must provide documentation to support he was wounded by the enemy while in combat or as a direct result of enemy action.  Hence, the Purple Heart criteria of enemy action has not been met.  The personal sacrifice the applicant endured for his country is noted and our decision should in no way lessen his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  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 this application in Executive Session on 28 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-02647.

   Exhibit A.  DD Form 149, dated 18 Aug 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 14 Sep 04.
   Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.