RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-00575 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: He injured his legs while returning his damaged aircraft to England from a mission in Germany. His aircraft had taken more than 2,000 hits from enemy fire and was totally destroyed. The applicant states the award of the PH is justified when “injury caused by vehicle of aircraft accident resulting from enemy fire.” Additionally, the Department of Defense (DoD) should recognize all who are injured while in service to their country and award the PH to those who have earned the distinction. In support of his request, the applicant provides a copy of his Veterans’ Administration (VA) disability compensation or pension award letter, narrative of the Distinguished Flying Cross (DFC) award, and letters written in 1947 and 1951. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 March 1943, the former member was commissioned in the Army Air Force. On 28 September 1945, he was discharged with an honorable discharge. He had 1 year, 10 months and 9 days of total active service. His WD AGO Form 53-98, Military Record and Report of Separation Certificate of Service reflects award of the European, African, Middle Eastern (EAME) Service Medal, Air Medal with three oak leaf clusters, and the Distinguished Flying Cross (DFC) with one oak leaf cluster. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand combat wounds, and forced aircraft bailout injuries, etc). In addition, it is necessary that the wound required or received documented 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 aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant did not provide nor were we able to locate medical documentation to substantiate medical treatment was received for the injury or a statement from a medical officer attesting that an examination revealed that an injury of the type incurred, would or should have received medical treatment. Additionally, the DFC specifically states “a crash landing was made without injury to personnel.” DPSIDR states the Purple Heart Review Board (PHRB) disapproved the applicant’s request on 8 April 2011, and provided the following comments: “Disapproved – no evidence provided to show that injury resulted as a direct result of enemy action.” The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states due to the damage to the aircraft, he had to jam his legs behind the controls and flew in this position for three hours. His injuries were a direct result of enemy actions and resulted in his Veteran Administration (VA) disability rating of 30 percent for leg injuries. Additionally, the applicant states “the requirements state in case an individual is injured as a result of enemy fire, the decision will be made in favor of the individual and the award will be made.” The applicant’s complete submission 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 find no evidence which would lead us to believe the applicant’s injuries were a direct result of enemy action as required for award of the PH. Therefore, 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. The personal sacrifice the applicant has endured for his country is noted and our decision is not intended in any way to lessen the importance of his service; however, insufficient documentary evidence has been presented to warrant awarding him the PH. 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 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-2011-00575 in Executive Session on 29 June 2011, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered pertaining to AFBCMR Docket Number BC-2011-00575: Exhibit A. DD Form 149, dated 13 May 2010, w/atchs. Exhibit B. Applicant's Available Military Records. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 11 April 2011. Exhibit D. SAF/MRBR, Letter, dated 6 May 2011. Exhibit E. Applicant’s Letter, dated 19 May 2011. Panel Chair