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AF | BCMR | CY2004 | BC-2003-02207
Original file (BC-2003-02207.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02207

            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 shot down on a combat mission and was injured when he landed on
a rocky hillside.  He believes it is unjust he suffered an injury  and
was tortured as a prisoner of war (POW) without receiving  the  Purple
Heart.

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

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second  lieutenant,  United  States  Air
Force Reserve, on 15 Dec 51, and was ordered to extended active  duty.
He was appointed a second lieutenant, Regular Air Force, on 14 Apr 52.

A Standard Form 502, Clinical Record  (Narrative  Summary),  indicates
that on 1 Jun 55, the applicant was examined at Tripler Army  Hospital
as a recently liberated POW of the Chinese Communists.  At the time he
was shot down in action on 4  Sep  52,  he  sustained  minor  injuries
consisting of scratches, bruises, and twisting of his lower back.

A Narrative Summary, dated 31 Oct  77,  indicates  the  applicant  was
involved in two crashes, one crash from which he  ejected.   He  first
complained of cervical pain on 30 Sep 69.  An  X-Ray  and  a  clinical
investigation suggested his pain was due to a retropharyngeal abscess,
for which he was admitted and treated with Ampicillin,  and  recovered
uneventfully.

On 31 May 78, the applicant was relieved from active duty and retired,
effective 1 Jun 78, in the grade of colonel.  He was credited with  27
years, 6 months, and 18 days of total active service.

Medical documentation from the Department of  Veteran  Affairs,  dated
23 Feb 84, indicates the applicant injured his cervical spine in  1976
in a plane spin, resulting in whiplash of his head and  his  neck  was
very painful on all movements.

By letter, dated 22  Sep  03,  AFPC/DPW  notified  the  applicant  his
records were being corrected administratively to reflect his status as
a POW (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating the applicant did not provide
any details, such as the type of injury he sustained, how it  resulted
from enemy  action,  or  the  date  it  occurred,  and  there  was  no
documentation showing the applicant was injured  or  treated  for  any
injury incurred as a  result  of  enemy  action.   Since  he  has  not
provided the basic information necessary to support his appeal, or any
medical documentation to substantiate his claim, they  are  unable  to
verify his eligibility for award of the Purple Heart Medal.

A complete copy of the AFPC/DPPPR evaluation, with attachments, is  at
Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  30
Jan 04 for review and response.  As of this date, no response has been
received by this office (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.  After a thorough review  of  the
applicant’s submission and the available evidence of record, the Board
was not persuaded the applicant met the established criteria for award
of the Purple Heart (PH) Medal.  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 the applicant has failed to sustain his  burden  that
he has suffered either an error or an  injustice.   Should  he  secure
supporting documentation or a notarized account from an individual who
eye witnessed his injuries, the Board would be willing  to  reconsider
his request for the PH.  We are not unmindful or unappreciative of his
service to his Nation.  Nevertheless, without  evidence  that  he  was
wounded as a direct  result  of  enemy  action,  the  Board  finds  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 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 BC-
2003-02207 in Executive Session on 10 March 2004, under the provisions
of AFI 36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Kathleen F. Graham, Member
                 Ms. Ann-Cecile M. McDermott, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Jun 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPW, dated 22 Sep 03.
      Exhibit D. Letter, AFPC/DPPPR, dated 13 Jan 04, w/atchs.
      Exhibit E. Letter, SAF/MRBR, dated 30 Jan 04.




      BRENDA L. ROMINE
      Panel Chair

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