RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02207

		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 shot down on a combat mission and was injured when he landed on a rocky hillside.  He believes it is unjust he suffered an injury and was tortured as a prisoner of war (POW) without receiving the Purple Heart.

In support of his request, 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:

The applicant was appointed a second lieutenant, United States Air Force Reserve, on 15 Dec 51, and was ordered to extended active duty.  He was appointed a second lieutenant, Regular Air Force, on 14 Apr 52.

A Standard Form 502, Clinical Record (Narrative Summary), indicates that on 1 Jun 55, the applicant was examined at Tripler Army Hospital as a recently liberated POW of the Chinese Communists.  At the time he was shot down in action on 4 Sep 52, he sustained minor injuries consisting of scratches, bruises, and twisting of his lower back.

A Narrative Summary, dated 31 Oct 77, indicates the applicant was involved in two crashes, one crash from which he ejected.  He first complained of cervical pain on 30 Sep 69. An X-Ray and a clinical investigation suggested his pain was due to a retropharyngeal abscess, for which he was admitted and treated with Ampicillin, and recovered uneventfully.

On 31 May 78, the applicant was relieved from active duty and retired, effective 1 Jun 78, in the grade of colonel.  He was credited with 27 years, 6 months, and 18 days of total active service.

Medical documentation from the Department of Veteran Affairs, dated 23 Feb 84, indicates the applicant injured his cervical spine in 1976 in a plane spin, resulting in whiplash of his head and his neck was very painful on all movements.

By letter, dated 22 Sep 03, AFPC/DPW notified the applicant his records were being corrected administratively to reflect his status as a POW (Exhibit C).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial indicating the applicant did not provide any details, such as the type of injury he sustained, how it resulted from enemy action, or the date it occurred, and there was no documentation showing the applicant was injured or treated for any injury incurred as a result of enemy action.  Since he has not provided the basic information necessary to support his appeal, or any medical documentation to substantiate his claim, they are unable to verify his eligibility for award of the Purple Heart Medal.

A complete copy of the AFPC/DPPPR evaluation, with attachments, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 30 Jan 04 for review and response.  As of this date, no response has been received by this office (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 applicant’s submission and the available evidence of record, the Board was not persuaded the applicant met the established criteria for award of the Purple Heart (PH) Medal.  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 the applicant has failed to sustain his burden that he has suffered either an error or an injustice.  Should he secure supporting documentation or a notarized account from an individual who eye witnessed his injuries, the Board would be willing to reconsider his request for the PH.  We are not unmindful or unappreciative of his service to his Nation.  Nevertheless, without evidence that he was wounded as a direct result of enemy action, the Board finds 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 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 BC-2003-02207 in Executive Session on 10 March 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 25 Jun 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPW, dated 22 Sep 03.
	Exhibit D.	Letter, AFPC/DPPPR, dated 13 Jan 04, w/atchs.
	Exhibit E.	Letter, SAF/MRBR, dated 30 Jan 04.