RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-00662
            INDEX CODE  107.00
            COUNSEL:  NONE

            HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was wounded in the Korean War.  His medical record excerpts show
that he was wounded during active service, and medically  evacuated
to a US Army hospital.  He further states that since this  incident
happened in a combat zone, he was informed that he would be awarded
the Purple Heart Medal  and  his  evidence  makes  his  claim  well
grounded under Morton vs West, US District Court decision of 1999.

In  response  to  AFPC/DPPPRA’s  request  for   necessary   details
regarding the applicant’s broken leg, he submitted a letter  giving
a  description  of  the  events  that  took  place  in  July  1952.
Applicant explained while under air attack, one of his  duties  was
to move equipment to a less obvious location rather than  the  open
motor pool.  He fell from the right rear position of the jeep   and
the jeep ran over his right ankle.  He was immediately taken  to  a
hospital in Seoul, Korea by ambulance.  After receiving x-rays, the
doctor informed him that he would receive a Purple Heart.  He spent
the next four to five weeks on light duty in a cast.  Once the cast
was removed, he was transferred away from the front.

He says that he has worked on this request for the past three years
and all of the records he has submitted regarding  his  broken  leg
were from the Air Force.

In support of his appeal, applicant submitted a copy of his DD Form
214; documentation reflecting his tour of duty in Seoul, Korea, and
other documentation pertaining to his service, including a copy  of
an Honorable Discharge certificate.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel records reflect that  he  enlisted  in
the Regular Air Force on 8 Oct 51.  He was promoted to the grade of
airman first class (A1C/E-4), with an effective date  and  date  of
rank (DOR) of 10 Apr 54.

Applicant was awarded the United Nations  Service  Medal,  National
Defense Service Medal, Korean Service Medal  (with  bronze  service
star), Good Conduct Medal, and the Republic of  Korea  Presidential
Unit Citation.

Applicant’s DD Form 214, Report of Separation from the Armed Forces
of the United States, Item 29  (Wounds  received  as  a  result  of
action with enemy forces), reflects None.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  On
21 May 02, they informed the applicant that he had not provided the
necessary  details   regarding   his   broken   leg,   no   medical
documentation of a broken leg or hospitalization  could  be  found,
and that he had not explained or  provided  any  documents  showing
that he had been wounded or injured as a  direct  result  of  enemy
action.  They  provided  applicant  a  copy  of  the  Purple  Heart
Criteria, and asked him  to  provide  the  necessary  documents  or
withdraw his claim.

On 3 Jun 02, the applicant provided a letter of explanation for his
request.  He stated that “one  date  in  late  July,”  while  under
attack, he was  supposed  to  move  equipment  to  a  less  obvious
location; during this, he fell off a jeep and the jeep ran over his
ankle, breaking it.  He did not provide any  medical  documentation
or corroborating statements from any witnesses.

They indicated that the Purple Heart Medal is awarded for  injuries
suffered as a direct result of enemy action.  The applicant’s  case
was not presented to the Purple Heart Review Board  (PHRB)  because
his application did not meet  the  basic  criteria.   They  further
stated that falling out of a jeep is not a “direct result of  enemy
actions,” it is an accident.  The applicant  did  not  substantiate
his claim that he was wounded as a direct result of  enemy  action,
therefore, his eligibility for the award could not be verified.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided the original copy of his previous submission  in
response  to  HQ  AFPC/DPPPR’s  request  for  specific  information
regarding his broken leg (Exhibit E).

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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 error or injustice.  After a  thorough
review  of  the  evidence  of  record  and   applicant's   complete
submission, we are not persuaded that his  assertions,  in  and  by
themselves, are sufficiently persuasive to override  the  rationale
provided by the Air Force.  Therefore, we agree  with  the  opinion
and  recommendation  of   the   Air   Force   office   of   primary
responsibility 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 injustice.  In  the  absence  of
evidence to the contrary, we find no compelling basis to  recommend
granting the relief sought in this application.

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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   02-00662   in   Executive   Session   on
1 August 2002, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Albert F. Lowas Jr., Member
      Mr. William H. Anderson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 14 Jun 02, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 21 Jun 02.
    Exhibit E.  Letter, Applicant, dated 3 Jun 02.




                                   JOHN L. ROBUCK
                                   Panel Chair