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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