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AF | BCMR | CY2013 | BC 2013 03587
Original file (BC 2013 03587.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-03587

		COUNSEL:  NONE

		HEARING DESIRED:  NO 


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple 
Heart (PH) Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

In Feb 52, while assigned to Kunsan Air Base, South Korea, he 
was loading bombs with his Crew Chief on a B-26 Marauder and was 
hit in the head and knocked unconscious by his Crew Chief’s rack 
due to it not being secured.  His Crew Chief told him that he 
was going to submit the documentation for him to receive the PH 
Medal.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 2 Jan 51.

On 27 Dec 54, the applicant was honorably discharged and was 
credited with 3 years, 11 months, and 26 days of total active 
service. 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility, which is attached at Exhibit C.    

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, indicating there is no evidence of 
an error or an injustice.  There is no evidence the applicant’s 
wound was a direct result of enemy action and he has not 
provided any medical documentation verifying treatment was 
required and received.  In fact, the applicant’s statement 
indicated that his injury occurred as a result of negligence by 
his crew chief, not the result of enemy action.

The PH Medal is awarded to members of the United States Armed 
Forces who have been wounded, killed, or who have died or may 
hereafter die of wounds received in action against an enemy of 
the United States or opposing force as a result of an act of any 
such enemy or opposing armed force, an international terrorist 
attack, or during military operations while serving as part of a 
peacekeeping force.  A wound for which the award is made must 
have required treatment, not merely examination, by a medical 
officer.  Additionally, treatment of the wound shall be 
documented in the service member’s medical and/or health record.

A complete copy of the AFPC/DPSID 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 13 Jan 14 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 an error or injustice.  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 
and adopt its rationale as the basis for our conclusion the 
applicant has not been the victim of an error or injustice.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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-2013-03587 in Executive Session on 17 Apr 14, under 
the provisions of AFI 36-2603:

	                       , Panel Chair
	                    , Member
	                                 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 22 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records
	Exhibit C.  Letter, AFPC/DPSID, dated 17 Oct 13.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 14.




                                   
                                   Panel Chair
                                    
3

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