RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00662
		INDEX CODE   107.00
		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

He was wounded in the Korean War.  His medical record excerpts show that he was wounded during active service, and medically evacuated to a US Army hospital.  He further states that since this incident happened in a combat zone, he was informed that he would be awarded the Purple Heart Medal and his evidence makes his claim well grounded under Morton vs West, US District Court decision of 1999.

In response to AFPC/DPPPRA’s request for necessary details regarding the applicant’s broken leg, he submitted a letter giving a description of the events that took place in July 1952.  Applicant explained while under air attack, one of his duties was to move equipment to a less obvious location rather than the open motor pool.  He fell from the right rear position of the jeep and the jeep ran over his right ankle.  He was immediately taken to a hospital in Seoul, Korea by ambulance.  After receiving x-rays, the doctor informed him that he would receive a Purple Heart.  He spent the next four to five weeks on light duty in a cast.  Once the cast was removed, he was transferred away from the front.

He says that he has worked on this request for the past three years and all of the records he has submitted regarding his broken leg were from the Air Force.

In support of his appeal, applicant submitted a copy of his DD Form 214; documentation reflecting his tour of duty in Seoul, Korea, and other documentation pertaining to his service, including a copy of an Honorable Discharge certificate.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s master personnel records reflect that he enlisted in the Regular Air Force on 8 Oct 51.  He was promoted to the grade of airman first class (A1C/E-4), with an effective date and date of rank (DOR) of 10 Apr 54.

Applicant was awarded the United Nations Service Medal, National Defense Service Medal, Korean Service Medal (with bronze service star), Good Conduct Medal, and the Republic of Korea Presidential Unit Citation.

Applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States, Item 29 (Wounds received as a result of action with enemy forces), reflects None.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial.  On 21 May 02, they informed the applicant that he had not provided the necessary details regarding his broken leg, no medical documentation of a broken leg or hospitalization could be found, and that he had not explained or provided any documents showing that he had been wounded or injured as a direct result of enemy action.  They provided applicant a copy of the Purple Heart Criteria, and asked him to provide the necessary documents or withdraw his claim.

On 3 Jun 02, the applicant provided a letter of explanation for his request.  He stated that “one date in late July,” while under attack, he was supposed to move equipment to a less obvious location; during this, he fell off a jeep and the jeep ran over his ankle, breaking it.  He did not provide any medical documentation or corroborating statements from any witnesses.

They indicated that the Purple Heart Medal is awarded for injuries suffered as a direct result of enemy action.  The applicant’s case was not presented to the Purple Heart Review Board (PHRB) because his application did not meet the basic criteria.  They further stated that falling out of a jeep is not a “direct result of enemy actions,” it is an accident.  The applicant did not substantiate his claim that he was wounded as a direct result of enemy action, therefore, his eligibility for the award could not be verified.  

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided the original copy of his previous submission in response to HQ AFPC/DPPPR’s request for specific information regarding his broken leg (Exhibit E).  

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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 error or injustice.  After a thorough review of the evidence of record and applicant's complete submission, we are not persuaded that his assertions, in and by themselves, are sufficiently persuasive to override the rationale provided by the Air Force.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility 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 injustice.  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 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 AFBCMR Docket Number 02-00662 in Executive Session on 1 August 2002, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 14 Jun 02, w/atchs.
    Exhibit D.  Letter, AFBCMR, dated 21 Jun 02.
    Exhibit E.  Letter, Applicant, dated 3 Jun 02.