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AF | BCMR | CY2014 | BC 2014 00107
Original file (BC 2014 00107.txt) Auto-classification: Denied
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 applicant’s 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 Center’s (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 veteran’s 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 doctor’s 
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 applicant’s 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 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 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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