RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03970 COUNSEL: NONE HEARING DESIRED: NOT INDICATED _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: While serving in Korea he was injured and his commander told him that he would put him in for the PH Medal and promotion to staff sergeant. In support of his appeal, the applicant provides documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States, reflects he served on active duty from 26 Oct 48 to 1 Aug 52. WD AGO Form No. 8-24, Report Control Symbol Med 19, dated 25 Apr 52, indicates the applicant received second and third degree burns to his lower extremities due to the accidental detonation of an M-77 incendiary bomb while he was stationed in Korea. The PH Medal is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, force aircraft bail out injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. In-direct injuries do not meet the criteria for the award of the PH Medal. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member in a passenger status as a result of the aircraft evasive measures against hostile fire or Post-Traumatic Stress Disorder. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial noting the applicant’s injuries do not meet the criteria for award of the PH Medal. The injuries he sustained were not the direct result of enemy action and therefore do not qualify for award of the PH Medal. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 9 Dec 11, for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. _________________________________________________________________ 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 an error or an injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that he has failed to sustain his burden of proof of the existence of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2011-03970 in Executive Session on 24 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 8 Oct 11, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 23 Nov 11. Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.