RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-02350
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple  Heart  (PH)  medal  for  injuries  sustained
during action in December 1950 in support of the Korean War.
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APPLICANT CONTENDS THAT:

The award of the PH was never completed.

In support of his request, applicant submits copies of a news article,
a photo of the accident, a personal  statement  of  the  accident  and
additional  documents  associated  with  the  issues  cited   in   his
contentions (Exhibit A).
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Statement of Service, DD  Form  13,  reveals  that  he
entered on enlisted  active  duty  on  3  Feb  43  and  was  honorably
discharged on 25 Feb 44 to accept a commission.  On 26 Feb 44, he  was
commissioned on active duty and relieved on 14 Jan  47  by  reason  of
demobilization.   He  reenlisted  on  3  Feb  47  and  was   honorably
discharged on 7 Feb 49 to accept  a  commission.   On  8 Feb  49,  the
applicant re-entered on  commissioned  active  duty  and  remained  on
continuous active duty.

During the period under review, the applicant’s combat record reflects
that he had 55 night intruder combat missions, 257  combat  hours  (B-
26), Korea (Jun 50 to Oct 51).  The applicant was awarded  the  Korean
Service Medal (KSM) by General Orders No. xxx, dated 29 Mar  51.   The
KSM was awarded to personnel assigned to or on temporary duty with the
units [cited on the orders] of the Far East Air Forces for 30 or  more
consecutive days, or 60 or more non-consecutive days, during a  period
beginning on or after 27 Jun 50.   The  applicant  was  relieved  from
active duty on 30 Jun 63, assigned to the Retired Reserve Section  and
placed on the USAF Reserve Retired List in the grade of major on 1 Jul
63.  He had completed a total of 20 years, 4 months  and  10  days  of
active service for retirement.
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AIR FORCE EVALUATION:

The Recognition Programs Branch, HQ AFPC/DPPPR,  stated  that,  to  be
awarded the Purple Heart (PH), a member must provide documentation  to
support he was wounded as a direct result of  enemy  action  and  must
have received medical treatment by medical personnel. The  applicant’s
medical documents state his injuries were  sustained  during  a  plane
landing.  DPPPR stated that there is no evidence  in  the  applicant’s
medical or personnel records which were  provided  that  he  had  been
injured as a direct result of enemy action.   His  injuries  were  the
result of an aircraft accident and do not meet the  criteria  of  this
prestigious award.   DPPPR  recommended  the  applicant’s  request  be
denied (Exhibit C).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He stated that the North Korean Army had control of one  side  of  the
small town and US Forces were trying to hold the area around the small
airfield.  They  were  required  to  circle  several  times  prior  to
landing.  Each time they flew over the enemy-held portion of town, the
crew observed small and medium arms fire from the ground---directed at
their aircraft.  In trying to  determine  the  reason  why  the  plane
touched down briefly and then ballooned up and veered off to the  side
and crashed, he talked with experienced pilots and was  informed  that
enemy fire had shot out the hydraulic system and that when  the  pilot
felt the landing gear giving way, he tried to pull up  to  go  around.
Since he was not an assigned member of the lst Troop Carrier Group, he
had no way of finally verifying the above.  He  asks  that  the  Board
review the aircraft accident investigation report and to also check to
see if the pilot, co-pilot and crewchief of the crashed aircraft  were
recommended and received the Purple Heart.  A complete  copy  of  this
response is appended at Exhibit E.

EXAMINER’S NOTE:  Unable to verify that the pilot  and  co-pilot  were
awarded the PH as a result of the Dec  50  aircraft  accident  because
their military personnel records were destroyed in the  1973  fire  at
the National Personnel Records Center.  As to the crewchief’s records,
no records were found.  With regards to the aircraft accident  report,
have not been able to obtain a copy of this report.
_________________________________________________________________

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 probable error or injustice.  Applicant’s contentions
were duly  noted;  however,  we  did  not  find  these  uncorroborated
assertions, in and by themselves, sufficiently persuasive to  override
the  rationale  provided  by  the  Air   Force   office   of   primary
responsibility.  While we sympathize with all that the  applicant  has
endured since the 1950 accident, no evidence  has  been  presented  to
indicate that the injuries sustained were the direct result  of  enemy
action.  Hence, the Purple Heart criteria of enemy action has not been
met.  We do not wish to deprive the applicant of an award to which  he
is entitled; however, based on the evidence  before  us,  we  have  no
recourse but to conclude that his request for the Purple Heart  should
be denied.
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THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  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  this  application  in
Executive Session on 13 March 2001, under the provisions  of  AFI  36-
2603:

                  Mr. Thomas S. Markiewicz, Panel Chair
                  Mr. William H. Anderson, Member
                  Mr. Steven A. Shaw, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Aug 00, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 Oct 00.
   Exhibit D.  Letter, SAF/MIBR, dated 3 Nov 00.
   Exhibit E.  Letter from applicant, dated 3 Nov 00.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair