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
The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C and E. _________________________________________________________________ AIR FORCE EVALUATIONS: HQ AFPC/DPSAMP recommends the application be denied. With regards to inserting applicant’s personal statement in his Master Personnel Records (MPR), we agree with the opinion and recommendation of the appropriate Air Force office, HQ...
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