RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01819
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  11 DEC 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple  Heart  Medal  for  injuries  he  received
during the Korean War.

___________________________________________________________________

APPLICANT CONTENDS THAT:

At the time of the incident,  there  was  never  a  record  of  his
injuries placed in his file.

Applicant provided a  copy  of  a  letter  of  appreciation,  dated
15 Jan 52, praising him  for  his  performance  of  duties  between
18 Aug 50 and 10 Jan 52, while serving in a combat area under harsh
climatic conditions including freezing temperatures in the winter.

In support of  his  appeal,  applicant  submitted  a  copy  of  the
Department  of  Veterans  Affairs  (DVA)  Rating  Decision,   dated
13 May 05; a Letter of Appreciation, dated 15 Jan 52, and a copy of
his DD Form 214, dated 4 Nov 52.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  15  Mar  49  for  a
period of three years in the grade of private.  Applicant  extended
his enlistment for 12 months on 27 Jul 50.   He  was  progressively
promoted to the grade of sergeant (E-4) with an effective date  and
date of rank of 14 Sep 51.  He was honorably discharged from active
duty on 4 Nov 52 in the grade of  airman  first  class  (E-4).   He
completed 3 years, 7 months, and 19  days  of  active  duty,  which
included 1 year, 6 months, and 10 days of foreign service.

Applicant’s records reflect award of the Korean Service Medal, with
four bronze service stars and a Distinguished Unit Citation.

Applicant’s records reflect combat service in Korea from  27 Jun 50
through 21 Apr 51, and tours of temporary duty (TDY) between  Korea
and Japan from 17 Aug 50 until 15 Apr 52.

___________________________________________________________________

AIR FORCE EVALUATION:

The  AFBCMR  Medical  Consultant  states  that  the  applicant  was
discharged on 4 Nov 52 after 3 years, 7  months,  and  19  days  on
active duty.  Applicant requests award of the  Purple  Heart  Medal
for residuals of  frostbite  injury  to  his  foot  incurred  while
serving in Korea during the Korean War.

A review of the applicant’s military personnel records and  service
medical records finds no evidence the  applicant  was  treated  for
frostbite, underwent amputation of a toe or sustained injuries that
were the direct result of hostile enemy  action.   The  applicant’s
DD Form 214 and the Service Record, WD AGO Form 24A, both  indicate
there were no wounds received as a  result  of  action  with  enemy
forces.  Applicant was not taken as a  prisoner  of  war.   Service
records do indicate the applicant was moved around a lot in theater
and it is possible that treatment for a cold injury to the foot may
not be in the record.

Military Members are entitled to award of the  Purple  Heart  Medal
for wounds received as a direct result  of  enemy  action  and  for
which medical  treatment  was  or  would  have  been  required.   A
physical lesion is not required, however the wound  for  which  the
award is made must have required treatment by a medical officer and
records of medical treatment for wounds  or  injuries  received  in
action must have been made a matter of official  record.   Indirect
injuries do not qualify for the award  and  would  include  disease
(malnutrition,  dysentery,  pneumonia,  etc),  exposure   (climatic
elements to include frostbite),  injury  incurred  as  a  secondary
effect of enemy action (i.e., bailing out of a disabled aircraft or
mid-air collision of allied aircraft though over enemy  territory),
injuries received while  seeking  shelter  from  mortar  or  rocket
attacks, aircraft bombings, grenades, and injuries  incurred  while
serving as an aircrew member or in passenger status because of  the
aircraft’s evasive measures against hostile  fire.   The  discharge
medical examination makes no mention of frostbite or toe amputation
and the examination of the feet was listed as normal.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 3 Nov 05 for review and comment within  30  days.   As  of  this
date, no response has been received by this office (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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case.   We  found  no  evidence  the  applicant  was  treated   for
frostbite, underwent amputation of a toe or sustained injuries that
were the direct result of hostile enemy action.   Military  members
are entitled to award of the Purple Heart Medal for wounds received
as a direct result of enemy action and for which medical  treatment
was or would have been  required.   We  therefore  agree  with  the
opinion and recommendation of the  AFBCMR  Medical  Consultant  and
adopt the rationale expressed as the basis for  our  decision  that
the applicant has failed to sustain his burden of  having  suffered
either an error or injustice.  Hence, 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 AFBCMR Docket  Number
BC-2005-01819 in Executive Session on 21 December 2005,  under  the
provisions of AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Ms. Patricia R. Collins, Member
      Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 1 Jun 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFBCMR Medical Consultant, dated 1 Nov 05.
    Exhibit D.  Letter, SAF/MRBR, dated 3 Nov 05.
    Exhibit E.  Letter, Applicant, dated 14 Dec 05.




                                   JAMES W. RUSSELL III
                                   Panel Chair