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AF | BCMR | CY2002 | 0101998
Original file (0101998.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 01-01998
            INDEX CODE 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded an Oak Leaf Cluster to the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He is entitled to an Oak Leaf Cluster to the PH for wounds  he  received  in
March 1951 as a direct result of enemy action.

During the Korean War his right leg, elbow and back were injured  during  an
enemy air attack.  His right elbow was  operated  on  at  Walter  Reed  Army
Hospital at  which  time  it  was  also  determined  that  he  had  a  heart
condition.  He has been unable to obtain his second PH because  all  of  his
military records were destroyed by fire in the records center.

In support of the appeal, applicant  submits  his  personal  statements  and
extracts from his military personnel records regarding his  separation  from
the Army Air Corps on 16 October 1945 and his permanent physical  disability
retirement from the Air Force on 23 December 1960.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the U.S. Army and served from 29 November 1937  to
16 October 1945.

The applicant served on active duty in the Army Air Force during the  period
30 September 1946 through 13 October 1949, to include service in support  of
the Berlin Airlift.

On 14 October 1949, the applicant enlisted in  the  Regular  Air  Force  and
entered active duty.

During the period 2 December 1950 through 11 March 1951, the  applicant  was
assigned to Haneda AFB, Japan, in support of the Korean Conflict.

During the period 12 March 1951 through  6  June  1951,  the  applicant  was
assigned to Suwon, Korea, in support of the Korean War.

Department of the Air Force General Order 62, dated 3 October 1951,  awarded
the applicant the PH for wounds received in action against  an  armed  enemy
incurred on 6 August 1944.

On 23 December 1960, the applicant was permanently retired in the  grade  of
master sergeant  by  reason  of  physical  disability,  with  a  compensable
disability  rating  of  40%   for   arteriosclerotic   heart   disease   and
pyleonephritis of the left  kidney.   He  was  credited  with  21  years,  5
months, and 12 days of active service.

In an undated letter to the Air Force Awards  and  Decorations  Branch,  the
applicant requested award of a PH for wounds he received in January 1951  at
Suwon, Korea.  By  letter,  dated  13 October  1971,  the  Personal  Affairs
Division, Directorate of Personnel Services, advised the applicant that  his
military records were thoroughly reviewed and there was no  indication  that
he incurred an injury in January 1951 in Korea, which would qualify him  for
the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.  DPPPR  states,  in  part,
that they notified the applicant of the criteria for the  PH  and  requested
that he provide additional information to substantiate his claim.   However,
he did not respond.  There is no  evidence  in  his  military  records  that
supports that he was injured as a direct result of enemy action.

The DPPPR evaluation, with attachments, is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A  complete  copy  of  the  Air  Force  evaluation,  with  attachments,  was
forwarded to the applicant on  9  November  2001  for  review  and  response
within 30 days.  However, as of this date, no response has been received  by
this office.

_________________________________________________________________



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 supporting  documentation  provided,  we  are
not persuaded that he should be awarded an Oak Leaf Cluster  to  the  Purple
Heart (PH).  His records  reflect  that  he  was  hospitalized  on  numerous
occasions  for  observation  or  other  various  ailments  while  in  Korea,
however, not as a direct result of enemy action.   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. Therefore, in the absence of evidence to the  contrary,  we  find
no compelling  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 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 17 January 2002, under the provisions of AFI 36-2603:

      Mr. Philip Sheuerman, Panel Chair
      Mr. Christopher Carey, Member
      Mr. James W. Russell III, Member






The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 July 2001, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 31 Oct 01.
    Exhibit D.  Letter, SAF/MIBR, dated 9 Nov 01.





                                   PHILIP SHEUERMAN
                                   Panel Chair

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