RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01511 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for a service-connected wound in Nadzab, New Guinea. _________________________________________________________________ APPLICANT CONTENDS THAT: He was severely burned while on a combat mission in New Guinea in 1944. He earned the PH medal; however, he did not accept the offer while hospitalized in Bisbane, Australia. He did not accept the decoration because he did not think it was courageous to do so. In support of his request, the applicant provides copies of his power of attorney, personal statements, DD Form 214, Armed Forces of the United States Report of Transferor Discharge, extracts from his records and his Department of Veterans Affairs rating decision. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 31 May 1967, the applicant retired from the Air Force in the grade of lieutenant colonel after serving 24 years, 7 months and 17 days of active duty. Based on the applicant’s SF Form 502, Clinical Record – Narrative Summary, he received second and third degree burns when his airplane collided with another aircraft on 18 January 1944. On 19 April 1944, the applicant’s WD AGO Form 66-1, AAF Officers Qualification Record, reflects he was admitted to a hospital in New Guinea. On 13 July 2010, AFPC/DPSIDR contacted his next of kin for more information in regards to the applicant’s injury. During their telephone conversation, she stated the applicant’s injury occurred during a midair collision with a friendly aircraft. 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 required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. 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’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s military personnel record lacks sufficient documentation or evidence to support the award of the PH. The applicant’s injuries were not caused as a direct result of enemy action and do not meet the criteria outlined for award of the PH. The complete 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 6 August 2010 for review and response within 30 days. As of this date, this office has received no response (Exhibit D). _________________________________________________________________ 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 complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim 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. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not 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 Docket Number BC-2010-01511 in Executive Session on 3 February 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered for Docket Number BC-2010-01511: Exhibit A. DD Form 149, dated 7 Apr 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 13 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 6 Aug 10. Panel Chair