RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-01910 INDEX CODE:	107.00

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal and that it be added to his DD Form 214, Report of Separation from the Armed Forces of the United States.

APPLICANT CONTENDS THAT:
He was awarded the Purple Heart medal 30 years ago and it was never annotated on his DD Form 214.

He states he was injured on 17 Feb 51, while assigned to the 1st Shoran Beacon Unit, Korea, and received medical treatment at the 279th General Hospital, Japan, 20 Feb 51.

He states that when he awoke from receiving a plaster walking cast, a PH medal had been placed on his pillow for his injury.

In support of his request, applicant provided a copy of his DD Form 214, a copy of his discharge certificate, medical records, and DA AGO Form 20, Soldier’s Qualification Card.

The	applicant's	complete	submission,	with	attachments,	is	at Exhibit A.

STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from 4 Jan
50 – 18 Dec 53. His DD Form 214 reflects 3 years, 11 months, and
15 days of active service, of which 1 year, 5 months, and 18 days was Foreign Service. He was awarded the National Defense Service Medal, the Korean Service Medal w/3 Battle Stars, the United Nations Service Medal, and the Presidential Unit Citation.

As reflected on the copy of the DD Form 214 provided by the applicant the Purple Heart medal was hand written in Block 27, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized, on his DD Form 214.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states official medical documentation located in the applicant’s official military records state “Wound, missile, perforating, left foot, no artery or nerve involvement, AI, 1700 hours, 17 Feb 51, fellow airman was cleaning grease gun, not knowing gun was loaded, gun discharged and missile perf. Patient’s foot.” No official documentation was located in the applicant’s record that verifies he was injured due to direct enemy action.

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.

The complete DPSIDR evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant states he did not shoot himself in the foot, he was shot by a fellow airman.

The applicant’s complete response 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 Purple Heart medal is awarded for wounds received as a direct result of enemy action. There is no indication in  the applicant’s service medical records to substantiate that he was injured as a direct result of enemy action. The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, documentary evidence presented does not meet the criteria for award of the Purple Heart. Therefore, in the absence of evidence to the contrary, we agree with the opinion and  recommendation  of  the  Air  Force  office  of  primary
1.	
responsibility and find no compelling basis to recommend granting the relief sought in this application.

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-2008-01910 in Executive Session on 9 Sep 08, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence pertaining to Docket Number BC-2008-01910 was considered:

Exhibit A.	DD Form 149, dated 19 May 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Letter, AFPC/DPSIDR, dated 27 Jun 08. Exhibit D.	Letter, SAF/MRBR, dated 11 Jul 08.
Exhibit E.	Statement from Applicant, undated.