RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02025
		INDEX NUMBER:
	XXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for injuries he sustained on 29 June 1952.

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APPLICANT CONTENDS THAT:

Applicant provides a copy of a citation for a soldier’s medal he was awarded for heroism that he contends verifies that he received injuries warranting the Purple Heart.

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

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STATEMENT OF FACTS:

The relevant facts pertaining to this application are provided in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request.  The applicant’s DD Form 214, item 29, “wounds received as a result of action with enemy forces” reflects a hand injury caused by explosion (29 Jun 52).  The applicant received those injuries for a heroic act, not involving actual conflict, for which he received the Soldier’s Medal.  Since the Soldier’s Medal was awarded for heroism not involving actual conflict with the enemy, the applicant is ineligible for the Purple Heart.  There is no evidence in the applicant’s records that support that he was injured as a direct result of enemy action.

The complete evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant responded to the Air Force evaluation by recounting the sequence of events that took place the day he was injured.  He indicates that the fire in the motor pool that caused his injuries was started by the North Koreans in the area of napalm cluster bombs and then spread to the high explosives by acting like skyrockets.

The applicant’s complete response is at 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.  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 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 02-02025 in Executive Session on 5 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 20 Sep 02.
    Exhibit D.  Letter, SAF/MIBR, dated 27 Sep 02.
    Exhibit E.  Letter, Applicant, dated 4 Oct 02.

                                   Panel Chair