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AF | BCMR | CY2002 | BC-2002-02025
Original file (BC-2002-02025.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02025
            INDEX NUMBER:
      XXXXXXXXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_____________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for injuries he sustained on 29 June 1952.

_____________________________________________________________

APPLICANT CONTENDS THAT:

Applicant provides a copy of a citation for  a  soldier’s  medal  he  was
awarded for heroism that he contends verifies that he  received  injuries
warranting the Purple Heart.

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

_____________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application  are  provided  in  the
evaluation prepared by the appropriate office of the Air Force  found  at
Exhibit C.

_____________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request.  The applicant’s
DD Form 214, item 29, “wounds received as a result of action  with  enemy
forces” reflects a hand injury caused by  explosion  (29  Jun  52).   The
applicant received those injuries for a heroic act, not involving  actual
conflict, for which he received the Soldier’s Medal.  Since the Soldier’s
Medal was awarded for heroism not  involving  actual  conflict  with  the
enemy, the applicant is ineligible for the Purple  Heart.   There  is  no
evidence in the applicant’s records that support that he was injured as a
direct result of enemy action.

The complete evaluation is at Exhibit C.

_____________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force  evaluation  by  recounting  the
sequence of events that took place the day he was injured.  He  indicates
that the fire in the motor pool that caused his injuries was  started  by
the North Koreans in the area of napalm cluster bombs and then spread  to
the high explosives by acting like skyrockets.

The applicant’s complete response is at 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 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 and adopt their rationale as the basis for our  conclusion
that the applicant has not been the victim  of  an  error  or  injustice.
Therefore, in the absence  of  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 Docket Number  02-02025  in
Executive Session on 5 November 2002, under the  provisions  of  AFI  36-
2603:

      Mr. Joseph G. Diamond, Panel Chair
      Ms. Kathleen Graham, Member
      Mr. Joseph A. Roj, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 20 Sep 02.
    Exhibit D.  Letter, SAF/MIBR, dated 27 Sep 02.
    Exhibit E.  Letter, Applicant, dated 4 Oct 02.




                                   JOSEPH G. DIAMOND
                                   Panel Chair

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