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Decision Text

AF | BCMR | CY2002 | 0101027
Original file (0101027.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  01-01027
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was a crewmember aboard a B-29 aircraft that was shot down by  flak  over
Korea.  He parachuted into the sea,  was  rescued  by  a  Navy  vessel,  and
transported to a hospital in Japan.  He was awarded  the  PH  by  a  general
officer while he was in the hospital.  However,  when  he  returned  to  his
home unit, the PH was never placed in his records.

In support of his request, applicant  provided  extracts  from  his  medical
records, a physicians statement, documents associated with  medals  received
during the Vietnam conflict, documents associated  with  his  Department  of
Veterans' Affairs claim, documents associated  with  photographic  donations
to the Air Force Museum; and, his DD Fm 214, Report of Separation  from  the
Armed  Forces  of  the  United  States.   His  complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  11
Jan 51.  He served on a variety of assignments on active duty,  in  the  Air
National Guard, and in the Air Force Reserve.  From 6 Oct 51 through 16  Oct
53, the applicant was assigned to Okinawa Air Base, Japan.   On  2  Aug  89,
his name was placed on  the  Retired  List,  Retired  Reserve  Section.   He
completed 28 years, 2 months, and 8 days of service for pay  purposes;  and,
24 years, 10 months, and 13 days of satisfactory Federal service.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR  reviewed  applicant's  request  and  recommends  denial.   DPPPR
states that the applicant was notified of the criteria for award of  the  PH
and requested additional information  that  would  substantiate  his  claim.
There is no evidence in his military personnel records that supports he  was
injured as a direct result of enemy action; therefore, he  is  not  entitled
to the PH.  The DPPPR evaluation, with attachment, is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the DPPPR  request  for  additional  information  and
states that he has five rows of service ribbons, his PH  above  all  others.
He knows where and when he received  it.   Last  October,  his  ex-wife  and
others were invited by the Secretary General of Taiwan to  attend  a  formal
presentation of medals to men who served in that theatre of operations.   He
recently received a formal letter of  presentation  from  the  President  of
Korea which included the new ribbon and medal.  He has checked  the  reunion
lists but did not recognize any of the names.  In support  of  his  request,
applicant provided a personal statement  and  a  letter  from  his  Veterans
Administration counselor.

_________________________________________________________________

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.  After a thorough  review  of  the
applicant's submission and the available evidence  of  record,  we  are  not
persuaded that he should be awarded the Purple Heart.   We  took  notice  of
his 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.  There was no evidence presented, other than his own  assertions,
which would lead us to believe that he was medically treated for any  wounds
incurred as a direct  result  of  enemy  fire.   We  are  not  unmindful  or
unappreciative of his service too this Nation.  Should he secure  supporting
documentation from his medical records, from  the  Veterans  Administration,
or an account from an individual who eyewitnessed his injuries, we would  be
willing  to  reconsider  his  application.   Otherwise,  without  persuasive
evidence that he was wounded as a direct result of enemy action, we find  no
compelling basis to warrant favorable consideration of his application.

_________________________________________________________________

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  Docket  Number  01-01027  in
Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:

      Mr. Joseph A. Roj, Panel Chair
      Mr. John E. Pettit, Member
      Mr. Laurence M. Groner, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Mar 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.




                                   JOSEPH A. ROJ
                                   Panel Chair

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