RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 01-01998
		INDEX CODE 107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded an Oak Leaf Cluster to the Purple Heart (PH). 

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THE APPLICANT CONTENDS THAT:

He is entitled to an Oak Leaf Cluster to the PH for wounds he received in March 1951 as a direct result of enemy action.

During the Korean War his right leg, elbow and back were injured during an enemy air attack.  His right elbow was operated on at Walter Reed Army Hospital at which time it was also determined that he had a heart condition.  He has been unable to obtain his second PH because all of his military records were destroyed by fire in the records center.

In support of the appeal, applicant submits his personal statements and extracts from his military personnel records regarding his separation from the Army Air Corps on 16 October 1945 and his permanent physical disability retirement from the Air Force on 23 December 1960.

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

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STATEMENT OF FACTS:

The applicant enlisted in the U.S. Army and served from 29 November 1937 to 16 October 1945.

The applicant served on active duty in the Army Air Force during the period 30 September 1946 through 13 October 1949, to include service in support of the Berlin Airlift.

On 14 October 1949, the applicant enlisted in the Regular Air Force and entered active duty.

During the period 2 December 1950 through 11 March 1951, the applicant was assigned to Haneda AFB, Japan, in support of the Korean Conflict.

During the period 12 March 1951 through 6 June 1951, the applicant was assigned to Suwon, Korea, in support of the Korean War.

Department of the Air Force General Order 62, dated 3 October 1951, awarded the applicant the PH for wounds received in action against an armed enemy incurred on 6 August 1944.

On 23 December 1960, the applicant was permanently retired in the grade of master sergeant by reason of physical disability, with a compensable disability rating of 40% for arteriosclerotic heart disease and pyleonephritis of the left kidney.  He was credited with 21 years, 5 months, and 12 days of active service.

In an undated letter to the Air Force Awards and Decorations Branch, the applicant requested award of a PH for wounds he received in January 1951 at Suwon, Korea.  By letter, dated 13 October 1971, the Personal Affairs Division, Directorate of Personnel Services, advised the applicant that his military records were thoroughly reviewed and there was no indication that he incurred an injury in January 1951 in Korea, which would qualify him for the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied. DPPPR states, in part, that they notified the applicant of the criteria for the PH and requested that he provide additional information to substantiate his claim.  However, he did not respond.  There is no evidence in his military records that supports that he was injured as a direct result of enemy action.

The DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation, with attachments, was forwarded to the applicant on 9 November 2001 for review and response within 30 days.  However, as of this date, no response has been received by this office.

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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 supporting documentation provided, we are not persuaded that he should be awarded an Oak Leaf Cluster to the Purple Heart (PH).  His records reflect that he was hospitalized on numerous occasions for observation or other various ailments while in Korea, however, not as a direct result of enemy action.  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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this 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 this application in Executive Session on 17 January 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 July 2001, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 31 Oct 01.
    Exhibit D.  Letter, SAF/MIBR, dated 9 Nov 01.