RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01963

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

He was wounded in a combat zone.

In support of his appeal, the applicant provided extracts from his military personnel records.

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

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STATEMENT OF FACTS:

Available documentation indicates that the applicant enlisted in the Air Force on 6 Nov 50 for a period of four years.  On 31 Jan 54, he was retired by reason of temporary disability.  He was credited with 3 years, 2 months, and 2 days of active duty service.  

By General Orders Number 736, dated 12 Dec 52, the applicant was awarded the Soldier’s Medal for an act of heroism on 23 Oct 52 at an airbase in Korea.  During a mass take-off of F-84 Thunderjet aircraft, the applicant, who was a member of the base crash crew, observed an F-84 burst into flames as it began to taxi.  The crash crew rushed to the aircraft in an attempt to save the pilot.  Upon reaching the F-84, which by this time had become a blazing inferno, the applicant and his companions began to cut a rescue pattern and laid hoses on the fire in a desperate attempt to reach the pilot.  Without regard for his own safety, the applicant worked feverishly in a race against time.  Before the cockpit could be reached, one of the 500 pound bombs slung on the F-84 exploded, hurtling debris and shrapnel into the applicant and the rest of the crew.  

Applicant’s available records further reflect that he was awarded the Korean Service Medal, the United Nations Service Medal, and the National Defense Service Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial, indicating that there was no evidence in the applicant’s military personnel records that supports that he was injured as a direct result of enemy action.  Therefore, he was not entitled to the Purple Heart Medal.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 27 Sep 02 for review and response.  As of this date, no response has been received by this office (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.  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 (OPR) and adopt their rationale as the basis for our decision that the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  We do believe, however, it should be pointed out that the applicant’s decorated service and sacrifice for his country has not gone unnoticed.  Notwithstanding this, no evidence has been presented which has shown to our satisfaction that the applicant met the established criteria for award of the Purple Heart Medal.  In view of the above, and in the absence of sufficient 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 AFBCMR Docket Number 02-01963 in Executive Session on 7 Nov 02, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 10 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 19 Sep 02.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Sep 02.

                                   
                                   Panel Chair