RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER: BC-2007-02555
								INDEX CODE:  100.00
								COUNSEL:  NOT INDICATED

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be entitled to the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

Since he was injured during battle, he should be entitled to the PH.

He was injured during a forced bailout from an F4-C, Phantom, over the China Sea on 21 Dec 66.  The other individual in the aircraft, although initially determined to have been missing-in-action was subsequently determined to have been killed-in-action.  He ejected at supersonic speed, resulting in excessive wind-milling of his arms and legs.  He was placed in a cast and advised that as he grew older he would experience additional trouble with his arms and legs.  Although he originally thought the incident to have been caused by aircraft malfunction, he has recently obtained a copy of the casualty report of his fellow crew member indicating a casualty from battle.

In support of the appeal, applicant submits extracts from the records of his fellow crew member who died during the mission, a newspaper article, and a Feb 07 Magnetic Resonance Imaging (MRI) of his knee.

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

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STATEMENT OF FACTS:

The applicant is a former Air Force Reserve captain, who served in Southeast Asia during the period 11 Aug 66 through 20 Jan 67, as an F-4C, Phantom, pilot.  During this period, he completed a total of 72 combat missions, totaling 110:45 combat hours, for which he was awarded one Distinguished Flying Cross and seven Air Medals.

AF Form 1042, Medical Recommendation for Flying Duty, dated 28 Mar 67, indicates that on 20 Dec 66, the applicant was found medically incapacitated to fly, due to a strain of his right medial collateral ligament (MCL) and a soft tissue injury of his left elbow.

DD Form 1300, Report of Casualty, prepared 20 Sep 73, indicates the other individual in the aircraft died while in a non-battle duty status.

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 treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states in part, that no official documentation was located in the applicant’s record that verifies he bailed-out due to direct enemy action.  The evidence provided by the applicant indicates the incident was an accident.

The AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was forwarded to the applicant on 9 Nov 07, for review and comment, within 30 days.  However, 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.  In regard to the applicant’s request for award of the PH, the Board notes the evidence of record supports the fact that the injuries he sustained on 21 Dec 66 were the result of an aircraft accident and not a direct result of enemy action.  Indirect injuries do 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-2007-02555 in Executive Session on 8 Jan 08, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Aug 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 22 Oct 07.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Nov 07.