RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01027
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

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APPLICANT CONTENDS THAT:

He was a crewmember aboard a B-29 aircraft that was shot down by flak over Korea.  He parachuted into the sea, was rescued by a Navy vessel, and transported to a hospital in Japan.  He was awarded the PH by a general officer while he was in the hospital.  However, when he returned to his home unit, the PH was never placed in his records.

In support of his request, applicant provided extracts from his medical records, a physicians statement, documents associated with medals received during the Vietnam conflict, documents associated with his Department of Veterans' Affairs claim, documents associated with photographic donations to the Air Force Museum; and, his DD Fm 214, Report of Separation from the Armed Forces of the United States.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 11 Jan 51.  He served on a variety of assignments on active duty, in the Air National Guard, and in the Air Force Reserve.  From 6 Oct 51 through 16 Oct 53, the applicant was assigned to Okinawa Air Base, Japan.  On 2 Aug 89, his name was placed on the Retired List, Retired Reserve Section.  He completed 28 years, 2 months, and 8 days of service for pay purposes; and, 24 years, 10 months, and 13 days of satisfactory Federal service. 

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AIR FORCE EVALUATION:

AFPC/DPPPR reviewed applicant's request and recommends denial.  DPPPR states that the applicant was notified of the criteria for award of the PH and requested additional information that would substantiate his claim.  There is no evidence in his military personnel records that supports he was injured as a direct result of enemy action; therefore, he is not entitled to the PH.  The DPPPR evaluation, with attachment, is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to the DPPPR request for additional information and states that he has five rows of service ribbons, his PH above all others.  He knows where and when he received it.  Last October, his ex-wife and others were invited by the Secretary General of Taiwan to attend a formal presentation of medals to men who served in that theatre of operations.  He recently received a formal letter of presentation from the President of Korea which included the new ribbon and medal.  He has checked the reunion lists but did not recognize any of the names.  In support of his request, applicant provided a personal statement and a letter from his Veterans Administration counselor.

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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 probable error or injustice.  After a thorough review of the applicant's submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart.  We took notice of his 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There was no evidence presented, other than his own assertions, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  We are not unmindful or unappreciative of his service too this Nation.  Should he secure supporting documentation from his medical records, from the Veterans Administration, or an account from an individual who eyewitnessed his injuries, we would be willing to reconsider his application.  Otherwise, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to warrant favorable consideration of his application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered Docket Number 01-01027 in Executive Session on 25 Apr 02, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Mar 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Mar 02.
    Exhibit E.  Letter, Applicant, not dated, w/atchs.

                                   
                                   Panel Chair