RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01576
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  21 NOV 2008

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

While guarding some F86 fighter jets, he received a concussion during a bomb raid from a Korean or Chinese fighter plane.  Applicant was serving as a military policeman at the time.  He should have received the PH prior to his discharge.

Applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force 4 Aug 50 for a period of four years.  He was progressively promoted to the grade of staff sergeant (SSgt) with an effective date and date of rank (DOR) of 1 Feb 53.  He served as an Air Policeman, with the 4th Fighter Wing.

Applicant received character and efficiency ratings of excellent from 18 Sep 50 to 13 Dec 51; he received character and efficiency ratings of unknown from 20 Dec 51 to 9 Jan 52, and a character and efficiency rating of excellent from 11 Jan 52 to 15 Feb 53.

On 2 Dec 53, applicant was honorably discharged under the provisions of AFR 39-14.  He was credited with 3 years, 3 months, and 29 days of active duty, including 1 year, 1 month, and 19 days of foreign service.  Applicant’s DD Form 214, Report of Separation from the Armed Forces of the United States, reflects in Item 29. Wounds received as a result of action with enemy forces as “not applicable.”

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this application and recommended denial, stating, in part, applicant requests award of the PH for injuries received during a bomb concussion from a North Korea or Chinese fighter plane.  Applicant was previously informed of the PH criteria on 20 Sep 92.  Applicant’s previous request as well as his most recent request does not meet the requirements for submitting his package to the Purple Heart Review Board (PHRB) for consideration.  

To be awarded the PH, a member must provide documentation to support he was wounded as a result of enemy action.  Indirect injuries do not meet the PH criteria.  Indirect injuries include but are not limited to, diseases, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

HQ AFPC/DPPPR’s complete 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 the applicant on 15 Jun 07 for review and comment within 30 days.  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.  Military members are entitled to award of the Purple Heart Medal for wounds received as a direct result of enemy action and for which medical treatment was or would have been required.  No evidence has been submitted to substantiate claim for award of the PH.  We therefore agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Hence, 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 AFBCMR Docket Number BC-2007-01576 in Executive Session on 18 July 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 14 May 07. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 5 Jun 07.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Jun 07.

                                   
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