RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00107
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
His DD Form 214, Report of Separation from the Armed Forces of
the United States, Block 27, Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or
Authorized be corrected to reflect the Purple Heart (PH).
APPLICANT CONTENDS THAT:
In 1954-1955, while going to work on a generator, an explosion
threw him about 30 feet. He woke up and could not see out of
his left eye. The next day he was examined by a doctor who
concluded his eye was permanently damaged and he would never see
out of it again. Over the years, this has proved to be correct,
because the Department of Veterans Affairs (VA) granted him
service-connection with a disability rating of 50 percent for
the loss of vision in one eye rating. Sometime after the
injury, it was reported the enemy had infiltrated the base.
The applicant provides no rationale as to why his untimely
application should be considered.
In support of his requests, the applicant provides a personal
statement, copies of his DD Form 214; SF Form 600, Chronological
Record of Medical Care and SF Form 513, Consultation Sheet.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 28 Jul 52, the applicant enlisted in the Regular Air Force.
He served four years of total active service. He is credited
with one year of Foreign Service.
According to the Air Force Personnel Centers (AFPC) website,
the PH is awarded for wounds or death as result of an act of any
opposing armed force, as a result of an international terrorist
attack or as a result of military operations while serving as
part of a peacekeeping force.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. There is no evidence the
applicant was awarded the PH. He did not provide medical
documentation that substantiated his alleged injury, nor did he
provide any eyewitness statements. The medical documentation
provided did not support an injury, but rather states the
applicant complained of decreasing vision in his left eye and
not the sudden loss of vision due to an injury caused by enemy
action. The applicant states it was reported there had been an
enemy infiltration of the base and further speculates he
surprised them which made them set off explosives, causing his
injury. However, the alleged incident, based on his statements
and date of the medical exam, happened on 22 Aug 55, well after
combat operations had ended on the Korean peninsula. To grant
relief, would be contrary to the criteria established by the
DoDM 1348.33, Vol 3; the Secretary of the Air Force (SECAF),
Chief of Staff, and/or the War Department.
The Purple Heart Review Board has the authority (on behalf of
the SECAF) to determine a veterans award of the PH. Each
request is considered based on the policies and criteria in use
at the time the veteran was injured, and the determination is
dependent on the documentary evidence presented.
The applicant did provide medical documentation stating he was
seen by medical personnel on 23 Aug 55, about his complaint of
decreasing vision in his left eye. However, this appears to
have been an on ongoing complaint, and there is no mention of an
injury.
The applicant provides a description of the circumstances of his
injury, but it does not contain the date of the injury or his
rank at the time. His statements concerning the doctors
conclusion and the report of enemy infiltration of the base are
unsubstantiated by independent documentation. He did not
provide eyewitness statements that could help substantiate his
allegations.
The applicants request was not boarded by the Purple Heart
Review Board as it did not contain a supporting eyewitness or
medical documentation attesting to an injury caused by enemy
action.
On 27 Jul 53, the Korean Conflict ended by an armistice, ending
active combat and on 27 Jul 54, the Department of Defense ceased
awarding the Korean Service Medal signifying the end of the
conflict.
The complete DPSID evaluation is at Exhibit B.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 25 Apr 14, for review and comment within 30 days
(Exhibit C). 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; 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 injustice. We took notice of
the applicants 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 the rationale
expressed as the basis for our conclusion the applicant has not
been the victim of an error or injustice. In view of the above
and in the absence of evidence to the contrary, we find no basis
to grant 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-2014-00107 in Executive Session on 20 Nov 14, under
the provisions of AFI 36-2603:
Panel Chair
Member
Member
?
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-00107 was considered:
Exhibit A. DD Form 149, dated 6 Jan 14, w/atchs.
Exhibit B. Letter, AFPC/DPSID, dated 11 Apr 14
Exhibit C. Letter, SAF/MRBR, dated 25 Apr 14.
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