RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2002-03634

			COUNSEL:  NONE

			HEARING DESIRED:  No
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal for injuries received while stationed in Korea.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He did not feel that there was an “injustice”, just more of an error that he let slip through the cracks.  On May 1, 1952 while stationed at K-9 Korea with the 1st Air Postal Squadron he was transporting mail from Pusan to K-9 Korea by jeep.  There were two passengers in the jeep.

The roads in that section of Korea were more like mud ruts, sometimes there were only one set of ruts.  It was nearly dark and there was a truck coming toward them.  There was not enough room for both vehicles and he also thought he saw muzzel flashes coming from the open bed of the truck above the cab.  He had no choice but to get off the road.  There was an incline and at the bottom was a rice paddy.  The jeep turned over and ended upside down in the paddy with one of the passengers pinned under it.  He and the other passenger got the pinned person out before he could drown in the eight to ten inches of water.  His arm and shoulder were injured.  They got the injured passenger up the incline and to the road.  He commandeered the next vehicle and they took the injured one to a Scandinavian Aid Station where he was treated and later transferred to the Army Hospital in Pusan.  He was also injured in the left leg and left arm and could hardly walk from hurting his back.  His wounds were sewn up, his leg with silver wire and his arm with another material.  He then made his way back to his unit.  After about two weeks, the hole in his arm was now the size of half an egg and healed over.  He had to turn him self in to the Army hospital in Pusan where they removed the wire from his leg and operated on his arm where they retrieved a small piece of lead.  He was kept in the hospital for three or four days where they examined his back but took no x-rays.  In addition, they operated on his sinuses through his nose.  The operation was to put two pointed wires, one in each nostril and force them to break the bone in his sinuses and make a hole for drainage.  It was extremely painful.  It seemed to hurt his hearing although the doctor said it should not have.

He was returned to duty where he finished his one year tour and was shipped back to the United States.  He was never recommended to receive the Purple Heart and he never asked about it, as he only wanted to get out of combat and back home.  

Through the years, he has had back problems and hearing problems that have gotten progressively worse.  He can now no longer hear at all out of his left ear and only 60 percent from his right ear with a hearing aid.  He has had one back operation and a hip replacement because of the back problems.  He knows that it all started in Korea with that incident on May 1, 1952.

In support of his request applicant submitted a personal statement.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

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

Based on the limited information from the DD Form 214, the applicant served on active duty from 20 January 1951 - 19 January 1955, with an overseas tour of 11 months and 25 days; award of the Korean Service Medal, National Defense Service Medal, United Nations Service Medal, Good Conduct Medal, Presidential Unit Citation and Republic of Korea Presidential Unit Citation.  His DD Form 214 has been corrected to reflect the award of the Air Force Outstanding Unit Award.

On 15 January 2003, AFPC/DPPPR provided the applicant with a Purple Heart Criteria sheet, and informed him that his statements indicate he was injured as the result of an accident, not as the result of enemy action.  He was also informed that he is not entitled to the unit awards reflected on his DD Form 214.  He was asked to provide the necessary documents to substantiate his claims, or to withdraw his request for award of the Purple Heart Medal.

_________________________________________________________________

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.  They have no reason to disbelieve that he was injured when his jeep ran off the road on 1 May 1952, but, from his account, it seems to have been an accident.  Therefore, they cannot verify his eligibility for award of the Purple Heart Medal.  The applicant did not provide any documents showing the inclusive dates he was stationed in Korea.  From the letter addressed to the applicant on 1 February 1952, providing a copy of GO-50, awarding the 1st Air Postal Squadron a unit award, the letter stating those individuals assigned to the unit during the inclusive period of the unit award, and the dates of the award and the date of his accident, we believe the applicant was stationed in Korea during the period June 1951-30 June 1952.  However, he has not provided any information or documentation showing that the 1st Postal Squadron received the Air Force Outstanding Unit Award for the period 27 June 1950-30 June 1951, but did not receive credit for participating in any campaigns and did not receive any foreign awards.  Therefore, the Presidential Unit Citation and Republic of Korea Presidential Unit Citation were deleted from the applicant’s DD Form 214, and the Air Force Outstanding Unit Award added. 

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and stated that contrary to what AFPC/DPPPR indicated, his DD Form 214 that they returned to him does exist and does name FEAF documents that attest to his service in Korea as a Corporal and cites two commendations to the 1st Air Postal Squadron.  Matter of fact, after all this time, he still has a copy of general orders number 50, which is a Unit Commendation for the 1st Air Postal Squadron.  He is sending AFPC/DPPPR a copy.  This should alleviate any doubts that AFPC/DPPPR may have about his integrity.  The second page of the citation is not all there but AFPC/DPPPR can get the gist of it with the verbiage that is included in this battered 50-year-old document.  Therefore, there should be no deletions from his service record as AFPC/DPPPR suggested.

He will not withdraw his application, which is based on honesty and integrity from an airman of the old school.  Under the circumstances that AFPC/DPPPR stated, he will probably never get to wear a Purple Heart but he will always wear his scars that he has received in the service of his country with just as much pride.  

Applicant's complete response is at Exhibit D.

_________________________________________________________________

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 to this Nation and should he secure supporting documentation from his medical records, from the Veterans Administration, or an account from an individual who eyewitnessed 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.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2002-03634 in Executive Session on 3 June 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 18 Oct 02, w/atchs.
    Exhibit B.  Letter, AFPC/DPPPR, dated 24 Mar 03.
    Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 03.
    Exhibit D.  Letter, Applicant, dated 28 Jan 03