RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00429
		INDEX CODE 107.00
		COUNSEL:  NONE

		HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal for injuries sustained in a combat zone.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Due to an eye injury (fragments to his eye), as a result of an explosion while serving in a combat zone, he was medically evacuated out of the combat zone to a better-equipped hospital so he would not lose sight in his eye.  He says other members of his squadron received Purple Heart medals, except him.  He was airlifted out and forgotten about.  He submitted a request in the past to the Veterans Administration (VA); (sic) but was advised to contact the AFBCMR.

In support of his appeal, applicant submitted a copy of his DD Form 214 and medical documentation during the period in question.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s master personnel records reflect that he enlisted in the US Army Air Corps on 16 Nov 38.  He had continuous military service until his retirement, effective 30 Nov 61.  He was promoted to the grade of master sergeant (MSgt/E-7), with an effective date and date of rank (DOR) of 1 Oct 42.

An entry in applicant’s records reflects that, on 8 Jun 44, he received medical treatment on his right eye for Keratitis, ulcerative, traumatic acute, right, mild, secondary to foreign body, nature undetermined, lodging in cornea on or about 1 Jun 44, while on duty in N. Burma.  Vision in right eye, 20/20.

Applicant’s records reflect that he was awarded the Soldier’s Medal, Bronze Star Medal, Presidential Unit Citation (formerly Distinguished Unit Citation), Air Force Outstanding Unit Award, Army Good Conduct Medal (with one silver loop), American Defense Service Medal, American Campaign Medal, Asiatic Pacific Campaign Medal (with two bronze service stars), World War II Victory Medal, National Defense Service Medal, Korean Service Medal (with two bronze service stars), Longevity Service Award (with four bronze oak leaf clusters), Republic of Korea Presidential Unit Citation and the United Nations Service Medal.

At the time of his retirement, he was credited with 23 years, and 15 days of total active service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  The Purple Heart medal is awarded to personnel for wounds received as a direct result of enemy action and must have received medical treatment by medical personnel.

Additionally, their recommendation of denial is based on the lack of evidence in the applicant’s medical or personnel records provided that he had been injured as a direct result of enemy action; therefore, applicant is not entitled to the Purple Heart.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided a letter thru the Department of Veterans Affairs (DVA) reiterating his initial contentions with additional supporting documentation (Exhibit E).

_________________________________________________________________

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.  The applicant’s contentions are duly noted; however, we do not find his contentions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  We therefore agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice.  In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

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

_________________________________________________________________

The following members of the Board considered this application AFBCMR Docket Number 02-00429 in Executive Session on 25 June 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Jan 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 2 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02, w/atchs.
    Exhibit E.  Applicant’s Response, dated 30 May 02, w/atchs.