RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2002-03634

                 COUNSEL:  NONE

                 HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple  Heart  (PH)  Medal  for  injuries  received  while
stationed in Korea.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not feel that there was an “injustice”, just more of  an  error  that
he let slip through the cracks.  On May  1,  1952  while  stationed  at  K-9
Korea with the 1st Air Postal Squadron he was transporting mail  from  Pusan
to K-9 Korea by jeep.  There were two passengers in the jeep.

The roads in that section of Korea were more like mud ruts, sometimes  there
were only one set of ruts.  It was nearly dark and there was a truck  coming
toward them.  There was not enough  room  for  both  vehicles  and  he  also
thought he saw muzzel flashes coming from the open bed of  the  truck  above
the cab.  He had no choice but to get off the road.  There  was  an  incline
and at the bottom was a rice paddy.  The jeep turned over and  ended  upside
down in the paddy with one of the passengers pinned under it.   He  and  the
other passenger got the pinned person out  before  he  could  drown  in  the
eight to ten inches of water.  His arm and shoulder were injured.  They  got
the injured passenger up the incline and to the road.  He  commandeered  the
next vehicle and they took the injured one to  a  Scandinavian  Aid  Station
where he was treated and later transferred to the Army  Hospital  in  Pusan.
He was also injured in the left leg and left arm and could hardly walk  from
hurting his back.  His wounds were sewn up, his leg  with  silver  wire  and
his arm with another material.  He then made  his  way  back  to  his  unit.
After about two weeks, the hole in his arm was now the size of half  an  egg
and healed over.  He had to turn him self in to the Army hospital  in  Pusan
where they removed the wire from his leg and operated on his arm where  they
retrieved a small piece of lead.  He was kept in the hospital for  three  or
four days where they examined his back but took  no  x-rays.   In  addition,
they operated on his sinuses through his nose.  The  operation  was  to  put
two pointed wires, one in each nostril and force them to break the  bone  in
his sinuses and make a hole for drainage.  It  was  extremely  painful.   It
seemed to hurt his hearing although the doctor said it should not have.

He was returned to duty where he finished his one year tour and was  shipped
back to the United States.  He was never recommended to receive  the  Purple
Heart and he never asked about it, as he only wanted to get  out  of  combat
and back home.

Through the years, he has had back problems and hearing problems  that  have
gotten progressively worse.  He can now no longer hear at  all  out  of  his
left ear and only 60 percent from his right ear with a hearing aid.  He  has
had one back operation and a hip replacement because of the  back  problems.
He knows that it all started in Korea with that incident on May 1, 1952.

In support of his request applicant submitted a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

Based on the limited information from the DD Form 214, the applicant  served
on active duty from 20 January 1951 - 19  January  1955,  with  an  overseas
tour of 11 months and 25 days; award of the Korean Service  Medal,  National
Defense Service Medal, United Nations Service  Medal,  Good  Conduct  Medal,
Presidential  Unit  Citation  and  Republic  of  Korea   Presidential   Unit
Citation.  His DD Form 214 has been corrected to reflect the  award  of  the
Air Force Outstanding Unit Award.

On 15 January 2003, AFPC/DPPPR provided the applicant with  a  Purple  Heart
Criteria sheet, and  informed  him  that  his  statements  indicate  he  was
injured as the result of an accident, not as the  result  of  enemy  action.
He was also informed that he is not entitled to the  unit  awards  reflected
on his DD Form 214.  He was asked to  provide  the  necessary  documents  to
substantiate his claims, or to withdraw his request for award of the  Purple
Heart Medal.

_________________________________________________________________

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.   They  have  no
reason to disbelieve that he was injured when his jeep ran off the  road  on
1 May 1952, but, from his account,  it  seems  to  have  been  an  accident.
Therefore, they cannot verify his eligibility for award of the Purple  Heart
Medal.  The applicant did not provide any documents  showing  the  inclusive
dates he  was  stationed  in  Korea.   From  the  letter  addressed  to  the
applicant on 1 February 1952, providing a copy of GO-50,  awarding  the  1st
Air Postal Squadron a unit  award,  the  letter  stating  those  individuals
assigned to the unit during the inclusive period of the unit award, and  the
dates of the award and the date of his accident, we  believe  the  applicant
was stationed in Korea during the period June 1951-30 June  1952.   However,
he has not provided any information or documentation showing  that  the  1st
Postal Squadron received the  Air  Force  Outstanding  Unit  Award  for  the
period  27  June  1950-30  June  1951,  but  did  not  receive  credit   for
participating in any campaigns and  did  not  receive  any  foreign  awards.
Therefore,  the  Presidential  Unit   Citation   and   Republic   of   Korea
Presidential Unit Citation were deleted from the applicant’s  DD  Form  214,
and the Air Force Outstanding Unit Award added.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation  and  stated  that  contrary  to  what
AFPC/DPPPR indicated, his DD Form 214 that they returned to him  does  exist
and does name FEAF documents that attest  to  his  service  in  Korea  as  a
Corporal and cites  two  commendations  to  the  1st  Air  Postal  Squadron.
Matter of fact, after all this time, he still has a copy of  general  orders
number 50, which is a Unit Commendation for the  1st  Air  Postal  Squadron.
He is sending AFPC/DPPPR a copy.  This  should  alleviate  any  doubts  that
AFPC/DPPPR may have about his integrity.  The second page  of  the  citation
is not all there but AFPC/DPPPR can get the gist of  it  with  the  verbiage
that is included in this battered 50-year-old  document.   Therefore,  there
should be no deletions from his service record as AFPC/DPPPR suggested.

He will not  withdraw  his  application,  which  is  based  on  honesty  and
integrity from an airman of the old school.  Under  the  circumstances  that
AFPC/DPPPR stated, he will probably never get to wear a Purple Heart but  he
will always wear his scars that he  has  received  in  the  service  of  his
country with just as much pride.

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  to  this  Nation  and  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  BC-2002-03634
in Executive Session on 3 June 2003, under the provisions of AFI 36-2603:

                 Wayne R. Gracie, Panel Chair
                 Mr. George Franklin, Member
                 Ms. Carolyn J. Watkin-Taylor, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Oct 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 24 Mar 03.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit D.  Letter, Applicant, dated 28 Jan 03




                                   WAYNE R. GRACIE
                                   Panel Chair