RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-01202
			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 wounds received during the Korean War.
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APPLICANT CONTENDS THAT:

With less than three flight missions from one base in Japan the B26 squadron he was with moved closer to Korea but was still in Japan that was under the control of Australian's.  It was there and while working with all the unqualified engineers that he was injured.  They had very little medical capabilities at that base, his flesh wounds had medication put on them and pulled together with tape.  His foot was said to be broken but no casing cement was available.  Therefore, he waited just over two weeks before he was sent by train to Osaka General Hospital.  

In support of his request applicant submitted a personal statement and a copy of his DD Form 214, Report of Separation from the Armed Forces of the United States.  Applicant's complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant’s military personnel records were destroyed by fire in 1973.  Therefore, the facts surrounding his service in the Army Air Corp cannot be verified.

On 18 April 2002, SAF/MRBR requested the applicant to provide any other pertinent official documents.  The applicant provided a copy of his DD Form 214 Report of Separation from the Armed Forces of the United States.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  DPPR indicates that the applicant did not provide sufficient information to verify that he was injured, or that any injury he incurred was as a direct result of enemy action.  He states he was in Japan, but does not give any specific information regarding an injury, the date of the injury or how it occurred, except that it occurred in Japan.  Without any documentation pertaining to the applicant's military service, or that he was injured as a direct result of enemy action, DPPPR can not verify his eligibility for the Purple Heart.

AFPC/DPPPR evaluation is attached at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and stated that he signed his DD Form 214, dated 21 August 1952 without reading it and it is inaccurate.   He doubts if any records were kept or sent from that base about what had happened.  If he had not been injured and sent back to Osaka, and then on to Letterman General Hospital in San Francisco when he was, you would not be reading this letter now.  The reason is because about six weeks after he left all the flight line electrical crew there were killed and you probably have no record of that either. 

Applicant's complete response is at Exhibit D.

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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 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 eye witnessed 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 02-01202 in Executive Session on 20 Aug 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 2 Apr 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 29 May 02.
    Exhibit C.  Letter, SAF/MRBR, dated 7 Jun 02.
    Exhibit D.  Letter, Applicant, dated 17 Jun 02