RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03144 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to the award of the Purple Heart (PH) Medal. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was injured while serving in Turkey, on 4 May 1963, during an attack. He received a scalp wound from a machete and believes his injury meets the criteria and guidelines to be awarded the PH. In support of his appeal, the applicant provides a copy of his DD Form 214, Report of Transfer or Discharge, issued in conjunction with his 21 July 1964 release from active duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force, on 30 November 1960, for a period of four years. He was released from active duty under the provisions of AFR 39-14, with Separation Designator (SDN) 411 (early separation of overseas returnee), and with service characterized as honorable. He was credited with 3 years, 7 months, and 22 days of active duty service, including one year, six months, and seven days of foreign service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial, stating, in part, although it can be confirmed that the applicant received scalp injury on or around 4 May 1963, there is no documentation confirming the applicant was attacked by an armed enemy of the United States while serving in Turkey between 1963 and 1964. The applicant has not provided any documentation to support his claim. According to the applicant's record, he served at Cigli Air Base, Turkey, from 11 January 1963 to 17 July 1964. The applicant previously submitted request for entitlement to the PH through Congressional Inquiry in 2005. The Purple Heart Review Board (PHRB) considered the applicant’s case for his entitlement to the PH and on 7 June 2005; the PHRB disapproved his request. The applicant again submitted a request for entitlement to the PH through Congressional Inquiry in 2006 and on 11 May 2006, he was again informed that the PHRB disapproved his claim, as there was not enough documentation to support that the claim was a direct result of enemy action. The attack appeared to be a disgruntled Turkish national; it could not be determined that the man who attacked the applicant was an international terrorist or an armed enemy of the United States. 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 the 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 or Post-Traumatic Stress Disorder. However, the Purple Heart Review Board (PHRB) has the authority, on behalf of the Secretary of the Air Force, to determine a veteran's entitlement to the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. The complete AFPC/DPSIDRA evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant notes, that on 4 May 1963, he was attacked. His records maintained by the Department of Veterans Affairs (DVA) supports his claim. While the court records in Izmir, Turkey have been destroyed, they reflect a find by the Turkish court of an unprovoked attack with intent to kill his entire group in escort. The attacker received two life sentences. The applicant believes this incident entitles him to the award of the PH. In support of his appeal, the applicant provides a personal statement and a copy of his congressional representative’s response from the National Personnel Record Center (NPRC), St. Louis, MO. The applicant’s complete response, with attachments, 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 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. The acts of heroism and personal sacrifice the applicant endured for our nation is noted; however, based on our review of the evidence of record and the documentation submitted in support of the appeal, we do not find it sufficient to recommend award of the PH. 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-2010-03144 in Executive Session on 16 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 20 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 5 Nov 10. Exhibit E. Letter, Applicant, dated 19 Nov 10.