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AF | BCMR | CY2002 | 0201202
Original file (0201202.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-01202
                 INDEX CODE 107.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for  wounds  received  during  the
Korean War.
_________________________________________________________________

APPLICANT CONTENDS THAT:

With less than three  flight  missions  from  one  base  in  Japan  the  B26
squadron he was with moved closer to Korea but was still in Japan  that  was
under the control of Australian's.  It was there and while working with  all
the unqualified engineers  that  he  was  injured.   They  had  very  little
medical capabilities at that base, his flesh wounds had  medication  put  on
them and pulled together with tape.  His foot was said to be broken  but  no
casing cement was available.  Therefore,  he  waited  just  over  two  weeks
before he was sent by train to Osaka General Hospital.

In support of his request applicant submitted a  personal  statement  and  a
copy of his DD Form 214, Report of Separation from the Armed Forces  of  the
United States.  Applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his service in the Army Air Corp cannot  be
verified.

On 18 April 2002, SAF/MRBR requested the  applicant  to  provide  any  other
pertinent official documents.  The applicant provided a copy of his DD  Form
214 Report of Separation from the Armed Forces of the United States.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  DPPR indicates that the  applicant  did  not
provide sufficient information to verify that he was injured,  or  that  any
injury he incurred was as a direct result of enemy  action.   He  states  he
was in Japan, but does  not  give  any  specific  information  regarding  an
injury, the date of the injury or how it occurred, except that  it  occurred
in Japan.  Without any documentation pertaining to the applicant's  military
service, or that he was injured as a direct result of  enemy  action,  DPPPR
can not verify his eligibility for the Purple Heart.

AFPC/DPPPR evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and stated that he signed his DD  Form
214, dated 21 August 1952 without reading it  and  it  is  inaccurate.    He
doubts if any records were kept or  sent  from  that  base  about  what  had
happened.  If he had not been injured and sent back to Osaka,  and  then  on
to Letterman General Hospital in San Francisco when he was,  you  would  not
be reading this letter now.  The reason is because about six weeks after  he
left all the flightline electrical crew there were killed and  you  probably
have no record of that either.

Applicant's complete response is at Exhibit D.

_________________________________________________________________

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
applicant's submission and the available evidence  of  record,  we  are  not
persuaded that he should be awarded the Purple Heart.   We  took  notice  of
his 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.  There was no evidence presented, other than his own  assertions,
which would lead us to believe that he was medically treated for any  wounds
incurred as a direct  result  of  enemy  fire.   We  are  not  unmindful  or
unappreciative of his service too this Nation.  Should he secure  supporting
documentation from his medical records, from  the  Veterans  Administration,
or an account from an individual who eyewitnessed his injuries, we would  be
willing  to  reconsider  his  application.   Otherwise,  without  persuasive
evidence that he was wounded as a direct result of enemy action, we find  no
compelling basis to warrant favorable consideration of his 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  Docket  Number  02-01202  in
Executive Session on 20 Aug 02, under the provisions of AFI 36-2603:

      Ms. Olga M. Crerar, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 May 02.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 02.
    Exhibit D.  Letter, Applicant, dated 17 Jun 02




                                   OLGA M. CRERAR
                                   Panel Chair

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