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AF | BCMR | CY2002 | 0200429
Original file (0200429.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00429
            INDEX CODE 107.00
            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal for injuries sustained in  a
combat zone.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an eye injury (fragments  to  his  eye),  as  a  result  of  an
explosion while serving in a combat zone, he was  medically  evacuated
out of the combat zone to a better-equipped hospital so he  would  not
lose sight in his eye.  He says other members of his squadron received
Purple Heart medals, except him.  He was airlifted out  and  forgotten
about.   He  submitted  a  request  in  the  past  to   the   Veterans
Administration (VA); (sic) but was advised to contact the AFBCMR.

In support of his appeal, applicant submitted a copy of  his  DD  Form
214 and medical documentation during the period in question.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master personnel records reflect that he enlisted  in  the
US Army Air Corps on 16 Nov 38.  He had  continuous  military  service
until his retirement, effective 30 Nov 61.  He  was  promoted  to  the
grade of master sergeant (MSgt/E-7), with an effective date  and  date
of rank (DOR) of 1 Oct 42.

An entry in applicant’s  records  reflects  that,  on  8  Jun  44,  he
received medical treatment on his right eye for Keratitis, ulcerative,
traumatic acute,  right,  mild,  secondary  to  foreign  body,  nature
undetermined, lodging in cornea on or about 1 Jun 44, while on duty in
N. Burma.  Vision in right eye, 20/20.

Applicant’s records reflect that he was awarded the  Soldier’s  Medal,
Bronze Star Medal, Presidential Unit Citation (formerly  Distinguished
Unit Citation), Air Force Outstanding Unit Award,  Army  Good  Conduct
Medal (with one silver loop), American Defense Service Medal, American
Campaign Medal,  Asiatic  Pacific  Campaign  Medal  (with  two  bronze
service stars), World War II Victory Medal, National  Defense  Service
Medal, Korean Service Medal (with two bronze service stars), Longevity
Service Award (with four bronze oak leaf clusters), Republic of  Korea
Presidential Unit Citation and the United Nations Service Medal.

At the time of his retirement, he was credited with 23 years,  and  15
days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended  denial.   The
Purple Heart medal is awarded to personnel for wounds  received  as  a
direct result of enemy action and must have received medical treatment
by medical personnel.

Additionally, their recommendation of denial is based on the  lack  of
evidence in the applicant’s medical or personnel records provided that
he had been injured as a direct result  of  enemy  action;  therefore,
applicant is not entitled to the Purple Heart.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a letter thru the Department  of  Veterans  Affairs
(DVA) reiterating his initial contentions with  additional  supporting
documentation (Exhibit E).

_________________________________________________________________

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.   The  applicant’s
contentions are duly noted; however, we do not find  his  contentions,
in  and  by  themselves,  sufficiently  persuasive  to  override   the
rationale provided by the Air Force.   We  therefore  agree  with  the
recommendation of the Air Force and adopt the rationale  expressed  as
the basis for our decision that the applicant has  failed  to  sustain
his burden of having suffered either an error  or  an  injustice.   In
view of the above and absent persuasive evidence to the  contrary,  we
find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of 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  AFBCMR
Docket Number 02-00429 in Executive Session on 25 June 2002, under the
provisions of AFI 36-2603:

      Ms. Peggy E. Gordon, Panel Chair
      Mr. Billy C. Baxter, Member
      Mr. Michael C. Gallogly, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 2 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02, w/atchs.
    Exhibit E.  Applicant’s Response, dated 30 May 02, w/atchs.




                                   PEGGY E. GORDON
                                   Panel Chair

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