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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