RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-00969

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

His records be corrected to reflect that he was wounded in the line of  duty
under combat conditions and awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should be awarded the PH as a result of injuries  he  received  when  his
aircraft crashed landed due to undercarriage battle damage from enemy  anti-
aircraft positions during the mission.

The applicant states that on 7 May 1952, while  returning  to  K-47,  Korea,
from a combat mission, his aircraft crashed on  the  runway.   The  aircraft
received  battle  damage  over  the  enemy  target  and  the  landing   gear
malfunctioned upon touchdown.  The crash resulted in injuries for  which  he
received medical treatment at  the  Base  Hospital.   The  base  maintenance
airmen, having a direct knowledge of the damage details, told him  that  the
wheels on the aircraft would not rotate due to undercarriage battle damage.

In support of the appeal, the applicant submits his  personal  statement,  a
Flight Surgeon  Report  of  Crash  Injuries,  Special  Orders  removing  and
returning him to flight status, and flight logs certifying the flight  crash
was returning from a combat mission.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in  the  Air  Force  during  the  period
16 December 1950 through 23 June 1959.



An Outpatient Record  entry,  dated  7  May  1952,  indicates  that  he  was
involved in a T-6 crash  at  K-47  while  being  an  observer  (rear  seat);
received multiple minor and superficial lacerations  of  both  hands  and  a
scalp contusion.

On 7 May 1952, the Flight Surgeon determined his injuries were  incurred  in
the line of duty and physically disqualified him from flying duty.   He  was
removed from flying duty until 9 May 1952.

The Purple Heart (PH) is awarded for wounds received as a direct  result  of
enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat  wounds,
or forced aircraft bail out injuries due to the aircraft being shot down).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
the applicant’s medical records indicate that his injuries were incurred  as
a result of an aircraft accident, not the direct  result  of  enemy  action.
Although he claims the air crash was not an accident, he  has  not  provided
any documentation to substantiate  his  claim.   In  addition,  he  did  not
provide any eyewitness statements  or  an  official  report  indicating  the
aircraft had received battle damage from the enemy.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The  applicant  states  that   documentation,   maintenance   records,   and
eyewitness accounts that would strengthen his case are  not  available.   It
is apparent that he was injured on 7 May 1952 due to  the  crash,  taken  to
the Base Hospital, and examined by  the  Flight  Surgeon.   He  was  not  an
observer in the rear seat.  Both he and another lieutenant  were  on  orders
as Instructor Pilots.  In addition, he was on orders as  Test  Pilot  -  the
point being that they were both very experienced pilots in the T-6  aircraft
so it was highly unlikely the crash was due to  pilot  error  as  suggested.
During the course of the mission, they  encountered  enemy  fire,  but  were
unaware the undercarriage of the aircraft had been hit.   The  landing  gear
extended and everything appeared normal;  however,  upon  touchdown  in  the
tail low position, the aircraft suddenly flipped up on its  nose,  continued
down the runway finally settling on  its  back.   He  was  trapped  and  had
sustained the injuries noted in the medical report.

Applicant’s complete response is at 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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
his injuries incurred on 7 May 1952 meet  the  criteria  for  award  of  the
Purple Heart (PH).  The applicant requests that his records be corrected  to
reflect that he was wounded in the line of duty under combat conditions  and
awarded the PH.  However,  a  Change  of  Physical  Qualification  Affecting
Flying Status, dated 7 May 1952, indicates  that  the  applicant  was  found
physically disqualified from flying for a period not to  exceed  three  days
by reason of an incapacity resulting from an aviation accident.   Since  his
records reflect that his injuries were incurred in the line  of  duty  as  a
result of an aviation accident, we find no basis  upon  which  to  recommend
correcting his records to indicate that he was wounded in the line  of  duty
under combat conditions.  The applicant contends that he should  be  awarded
the PH since the crash of his  aircraft  was  due  to  undercarriage  battle
damage sustained from enemy anti-aircraft positions during the mission.   In
support of this contention, the applicant’s provides his personal  statement
indicating that after the landing, he was told by a base maintenance  airman
that the wheels of the aircraft would  not  rotate  due  to  battle  damage.
While we are not questioning the applicant’s integrity, he has not  provided
corroborative evidence, such  as  a  statement  from  the  base  maintenance
airmen, or official documentation  to  establish  that  the  aircraft  crash
landed due to battle damage sustained  during  the  mission.   The  personal
sacrifice he endured for his country is noted and our  decision  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to  warrant  awarding  him  the  PH.
Hence, 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  Docket  Number  BC-2003-00969
in Executive Session on 18 June 2003, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Vice Chair
                       Mr. Billy C. Baxter, Member
                       Mr. Wayne R. Gracie, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 1 May 03, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 9 May 03.
    Exhibit E.  Letter, Applicant, dated 20 May 03.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair