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AF | BCMR | CY2007 | BC-2007-01576
Original file (BC-2007-01576.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01576
            INDEX CODE:  107.00

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  21 NOV 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

While guarding some F86 fighter  jets,  he  received  a  concussion
during a  bomb  raid  from  a  Korean  or  Chinese  fighter  plane.
Applicant was serving as a military  policeman  at  the  time.   He
should have received the PH prior to his discharge.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force 4 Aug 50 for  a  period
of four years.  He was progressively promoted to the grade of staff
sergeant (SSgt) with an effective date and date of  rank  (DOR)  of
1 Feb 53.  He served as an Air  Policeman,  with  the  4th  Fighter
Wing.

Applicant received character and efficiency  ratings  of  excellent
from 18 Sep 50 to 13 Dec 51; he received character  and  efficiency
ratings of unknown from 20 Dec 51 to 9 Jan 52, and a character  and
efficiency rating of excellent from 11 Jan 52 to 15 Feb 53.

On  2  Dec  53,  applicant  was  honorably  discharged  under   the
provisions of AFR 39-14.  He was credited with 3 years,  3  months,
and 29 days of active duty, including 1 year, 1 month, and 19  days
of foreign service.  Applicant’s DD Form 214, Report of  Separation
from the Armed Forces of the United States, reflects  in  Item  29.
Wounds received as a result of action with  enemy  forces  as  “not
applicable.”

___________________________________________________________________



AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial,
stating, in part, applicant requests award of the PH  for  injuries
received during a bomb concussion from a  North  Korea  or  Chinese
fighter  plane.   Applicant  was  previously  informed  of  the  PH
criteria on 20 Sep 92.  Applicant’s previous request as well as his
most recent request does not meet the requirements  for  submitting
his  package  to  the  Purple  Heart  Review   Board   (PHRB)   for
consideration.

To be awarded the  PH,  a  member  must  provide  documentation  to
support he was wounded as  a  result  of  enemy  action.   Indirect
injuries do not meet the PH criteria.   Indirect  injuries  include
but are not limited to, diseases, exposure, injuries received while
seeking shelter from mortar or rocket attacks,  aircraft  bombings,
grenades, and injuries incurred while serving as an aircraft member
or in a passenger status as a  result  of  the  aircraft’s  evasive
measures against hostile fire.

HQ AFPC/DPPPR’s complete 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 15 Jun 07 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.  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.   No
evidence has been submitted to substantiate claim for award of  the
PH.  We therefore agree with the opinion and recommendation of  the
Air Force office of primary responsibility and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of 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-2007-01576 in Executive Session  on  18  July  2007,  under  the
provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Barbara R. Murray, Member
      Mr. Richard K. Hartley, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 07.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 5 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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