RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00312 COUNSEL: NO HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. _______________________________________________________________ APPLICANT CONTENDS THAT: While flying as a pilot of a B-29 on a combat air mission over North Korea, his aircraft encountered heavy anti-aircraft artillery fire. Several shells exploded very near the aircraft inflicting damage to the aircraft and two engines, causing their loss of power and cabin pressurization. A small piece of shrapnel struck him in the lower jaw knocking out two of his teeth. He subsequently received medical treatment at the dental clinic at Yokota Air Base, Japan. He asked his squadron commander about receiving the PH for his injuries; however, the reply he received was “officers don’t get a Purple Heart.” In support of his appeal, the applicant provides a personal statement; and, copies of congressional correspondence; his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; Record of Inpatient Service; a Special Order; and several photographs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force, who served on active duty for 20 years, 1 month and 1 day. He served as an Air Operations Officer and was progressively promoted to the grade of captain with a date of rank of 2 November 1955. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states that the applicant previously submitted a request for the PH to their office through the National Personnel Records Center in December 2012 and his request was submitted to the Purple Heart Review Board. The Purple Heart Review Board considered the applicant’s request and disapproved award of the PH on 27 February 2013. The disapproval was based on lack of any medical documentation which may have indicated his injury was a result of enemy action, and eyewitness statements. There was no new medical documentation presented with the applicant’s current request and there are no eyewitness statements corroborating the applicant’s claim of injury. To grant him relief would be contrary to the eligibility criteria established by Department of Defense Manual 1348.33. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The Air Force office of primary responsibility must be under the assumption that everyone is a liar and the burden of proof must be validated by witnesses for every word of a statement. His appeal is mostly based on truthful and sworn statements, except the original medical documentation indicating his tooth socket was repacked about three days later, when they were sent back to Japan for rest and relaxation, to get attention for his wound and tooth socket, and for special order personnel assignments. The applicant’s complete rebuttal 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. We took notice of the applicant's contention that he should be awarded the Purple Heart for shrapnel struck him in the lower jaw due to heavy anti-aircraft artillery fire. The applicant has provided no evidence to indicate that the injury sustained was the direct result of enemy action. Absent sufficient documentation to support his eligibility for award of the Purple Heart, we find no basis to recommend granting relief. While we appreciate the applicant’s service to his country, in view of the above and in the absence of evidence to the contrary, the applicant’s request cannot be favorably considered. ________________________________________________________________ _ 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 AFBCMR Docket Number BC-2013-00312 in Executive Session on 24 October 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2013-00312: Exhibit A. DD Form 149, dated 25 Mar 13, w/atchs. Exhibit C. Letter, AFPC/DPSID, dated 14 May 13. Exhibit D. Letter, SAF/MRBR, dated 31 May 13. Exhibit E. Letter, Applicant, dated 14 Jun 13. 2 3 4