RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-04278
            INDEX CODE:  107.00

            COUNSEL: DAV

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the Purple Heart Medal.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 7 February 1958 in the  grade  of
airman basic for a period of four years.

On 6 February 1962, the applicant was honorably discharged in the  grade  of
airman second class under the provisions of AFR 39-10 - Expiration  Term  of
Service.  He served four years of total active military service.

His DD Form 214, Report of Transfer or Discharge, indicates he  received  no
decorations, medals, badges, commendations, citations and campaign ribbons.

In a letter  to  the  Air  Force  Personnel  Council  (AFPC)  in  1987,  the
applicant requested award of the Armed Forces Expeditionary  Medal  and  the
Purple Heart Medal.

On 8 January 1988, AFPC/DPPPRA advised the applicant he was entitled to  the
Armed Forces Expeditionary Medal  (AFEM),  National  Defense  Service  Medal
(NDSM), and the Air Force Longevity Service Award (AFLSA).  The awards  were
mailed to the applicant.  They further indicated his request for the  Purple
Heart Medal  could  not  be  substantiated.   They  reviewed  his  personnel
records  and  the  information  he   provided;   however,   there   was   no
documentation which substantiated he received or was  treated  for  injuries
received during combat.  His records did indicate he  was  hospitalized  for
various periods of time between September 1958 and  August  1960.   However,
there was no description of the injuries or  how  he  incurred  them.   They
advised him that before the Purple Heart Review  Board  could  evaluate  his
application,  the  following  information  must  be  provided:  a   detailed
personal account of the incident during which he was injured to include  how
he was injured, exact date he was injured, the unit of  assignment;  medical
documentation to substantiate  he  received  medical  treatment;  eyewitness
statement(s) from individual  who  saw  him  injured  and  can  attest  that
medical  attention  was  given;  and,   if   unable   to   provide   medical
documentation reflecting he was treated for an  injury,  he  must  submit  a
statement attesting that examination revealed  an  injury  of  the  type  he
incurred would/should have received medical treatment.

On 15 January 1988, the applicant was issued a DD Form  215,  Correction  to
the DD Form 214, with the following  awards  added:   AFEM,  NDSM,  and  the
AFLSA.

On 8 February 2000, AFPC/DPPPRA advised the applicant they  were  unable  to
determine his entitlement to the Purple Heart  Medal.   To  be  awarded  the
Purple Heart, a member must provide documentation to support the member  was
wounded as a direct result of enemy action during combat  action.   Although
his injuries occurred in the line of duty, they were not a direct result  of
enemy action.  They indicated he was authorized and issued the  AFEM,  NDSM,
and the AFLSA.  They again provided the applicant with  a  complete  set  of
the awards.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the applicant’s records  show
that he was issued the AFEM, NDSM and the AFLSA, and  these  were  added  to
his  DD  Form  214,  in  1988.   He  was  informed  there  was  insufficient
information or documentation to verify his  eligibility  for  award  of  the
Purple Heart Medal.  He was provided the criteria and asked to  provide  the
necessary  documentation  and  information.   He  did  not   respond.    The
applicant was again informed he was not eligible for  award  of  the  Purple
Heart Medal on 8 February 2000.  He was again provided  a  complete  set  of
the awards to which he is entitled.  The  applicant  has  not  provided  any
official documentation to substantiate any of his  claims,  especially  that
an enemy was responsible for his injuries.  The Purple Heart  Medal  is  not
awarded for vehicular (including motorcycle) accidents.  They are unable  to
verify the applicant’s eligibility for award of the Purple Heart Medal.



The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 March 2004, a copy of the Air Force evaluation was  forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

On 31 March 2004, a copy of the Air Force evaluation was  forwarded  to  the
counsel for review and response  within  30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2.    The application was not timely filed;

3.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or injustice warranting the applicant  be awarded  the
Purple Heart 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 and adopt their rationale as the  basis  for
our conclusion that the applicant has not been the victim  of  an  error  or
injustice.  According to the applicant’s  medical  records  it  appears  his
injuries were not sustained as a direct result of  enemy  action.   In  this
respect, we note the applicant’s medical records  indicate  on  9  September
1958, he was involved in an accident with a  truck  driven  by  a  Taiwanese
soldier, and he was  on  a  motorcycle.   He  was  operated  on  in  Taiwan,
transferred to the Philippines,  and  subsequently  to  the  United  States.
While we wish to recognize the applicant’s  sacrifices  in  defense  of  our
nation during a time of war,  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 an error or an 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-
04278 in Executive Session on 12 May 2004, under the provisions of  AFI  36-
2603:

                 Mr. David C. Van Gasbeck, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Jean A. Reynolds, Member

 The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 28 September 2003, w/atchs.
   Exhibit B.  Military Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 12 March 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 19 March 2004.
   Exhibit E.  Letter, AFBCMR, dated 31 March 2004.




                       DAVID C. VAN GASBECK
                       Panel Chair