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AF | BCMR | CY2002 | BC-2002-01963
Original file (BC-2002-01963.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01963

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in a combat zone.

In support of his appeal, the applicant  provided  extracts  from  his
military personnel records.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted  in  the
Air Force on 6 Nov 50 for a period of four years.   On  31 Jan 54,  he
was retired by reason of temporary disability.  He was credited with 3
years, 2 months, and 2 days of active duty service.

By General Orders Number 736, dated  12  Dec  52,  the  applicant  was
awarded the Soldier’s Medal for an act of heroism on 23 Oct 52  at  an
airbase in Korea.  During a mass take-off of F-84 Thunderjet aircraft,
the applicant, who was a member of the base crash crew, observed an F-
84 burst into flames as it began to taxi.  The crash  crew  rushed  to
the aircraft in an attempt to save the pilot.  Upon reaching the F-84,
which by this time had become a blazing inferno, the applicant and his
companions began to cut a rescue pattern and laid hoses on the fire in
a desperate attempt to reach the pilot.  Without regard  for  his  own
safety, the applicant  worked  feverishly  in  a  race  against  time.
Before the cockpit could be reached, one of the 500 pound bombs  slung
on the F-84 exploded, hurtling debris and shrapnel into the  applicant
and the rest of the crew.

Applicant’s available records further reflect that he was awarded  the
Korean Service Medal,  the  United  Nations  Service  Medal,  and  the
National Defense Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial, indicating that there was  no  evidence
in the applicant’s military personnel records that  supports  that  he
was injured as a direct result of enemy action.  Therefore, he was not
entitled to the Purple Heart Medal.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
Sep 02 for review and response.  As of this date, no response has been
received by this office (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.   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 (OPR) and adopt  their  rationale  as
the basis for our decision that the applicant has  failed  to  sustain
his burden that he has suffered either an error or an  injustice.   We
do believe, however, it should be pointed  out  that  the  applicant’s
decorated  service  and  sacrifice  for  his  country  has  not   gone
unnoticed.  Notwithstanding this, no evidence has been presented which
has shown to our satisfaction that the applicant met  the  established
criteria for award of the Purple Heart Medal.  In view of  the  above,
and in the absence of sufficient 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 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 AFBCMR Docket Number 02-
01963 in Executive Session on 7 Nov 02, under the provisions of AFI 36-
2603:

      Mr. Wayne R. Gracie, Panel Chair
      Mr. James W. Russell III, Member
      Mr. Thomas J. Topolski, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 19 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Sep 02.




                                   WAYNE R. GRACIE
                                   Panel Chair

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