RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-02654

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the following awards and decorations:

	The Purple Heart Medal with One Bronze Oak Leaf Cluster (PH w/1 BOLC).  

	A second Arrowhead on his Korean Service Medal (KSM).  

	Any other awards he may have earned while serving in the Korean War.  

APPLICANT CONTENDS THAT:

He was in combat during two separate wars going south from Inchon to Pusan and from Pusan to Iwan, Korea.  He was sent to the forsaken area of the Yalu River.  

He was credited with one Arrowhead but was told he had earned two Arrowheads and that his records would be corrected.  However, he never received the second Arrowhead.

He received many injuries.  He was admitted to Hamhung Hospital in North Korea and was offered two PH medals.  He was only 19 years old and just wanted to get home.  He was foolish to not accept the PH medals.  The PH medals were offered through the end of December 1950. It should have been recorded on his DD Form 214, Report of Separation from the Armed Forces of the United States.  

It took the Department of Veterans Affairs (DVA) 10 years to recognize his Korean War trauma.  It would have been easier if he had accepted the PH medals at the time.  

The records from Korea are very sloppy and he has provided all the proof he can.  The pictures he provides tells of the Yalu River disaster.  

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

STATEMENT OF FACTS:

On 2 March 1949, the applicant entered a period of active duty and was honorably discharged on 5 November 1952.  On 20 April 1953, the applicant entered a second period of active duty and was honorably discharged on 19 April 1957.  He was credited with 7 years, 8 months and 4 days of active duty service.  

The applicant’s DD Form 214 issued in conjunction with his discharge on 5 November 1952 reflects he was awarded the KSM with one Arrowhead and two Bronze Service Stars.

The PH is awarded to members of the United States Armed Forces who have been wounded, killed or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as part of a peace keeping force.  A wound for which the award is made must have required treatment, not merely examination, by a medical officer.  Additionally, treatment of the wound shall be documented in the service member’s medical record.  Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. 

The Arrowhead denotes participation in a combat parachute jump, combat glider landing, or amphibious assault landing.  Awardees must be assigned or attached to an organized force carrying out an assigned tactical mission; emergency combat parachute jumps into enemy held territory do not constitute eligibility.  Only one Arrowhead on any one service or suspension ribbon is worn, regardless of the number of times an individual is eligible for the device.  

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denial for award of the PH w/1 BOLC.  The request was not submitted in a timely manner and there is no official documentation in the applicant’s records to verify he was recommended for or awarded the PH w/1 BOLC.  The applicant did not provide a detailed personal account, medical documentation for treatment received or eyewitness statements.  The PH Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s award of the PH.  Each request is considered based on the policies and criteria in use at the time the veteran was injured and the determination is dependent on the documentary evidence presented.  In order to present the applicant’s request to the PH Review Board, a detailed personal account of the circumstances surrounding the injury to include specifics as to how the injury was incurred, exact date of injury, unit of assignment and rank held at the time injured; medical documentation to substantiate medical treatment was received or if not available, a statement from a medical officer attesting an examination revealed an injury incurred would or should have received medical treatment; and if possible, an eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant’s personal account are required.  The applicant’s request was not submitted to the PH Review Board as the request lacks the aforementioned documentation.  

AFPC/DP3SP recommends denial for award of the KSM with two Arrowheads and two Bronze Service Stars.  DP3SP was unable to substantiate the applicant served with two different units that were bestowed award of the Arrowhead device for operations in Korea.  However, only one Arrowhead device maybe worn, regardless of the number of times an individual is eligible for the device.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, Secretary of the Air Force and the Chief of Staff.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 18 February 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has not 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 for award of the PH w/1 BOLC.  In this respect, we note this Board is the highest administrative level of appeal within the Air Force.  As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction.  The Air Force OPR has reviewed this application and indicated the PH Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s award of the PH.  We recommend the applicant provide a detailed personal account, medical documentation for treatment received or eyewitness statements as referenced in the Air Force OPR evaluation for consideration by the PH Review Board and exhaust the available avenue of administrative relief.  In view of this, we find this request is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted.  Therefore, in view of the above, we find no basis to recommend granting the requested relief.  If after pursuing this avenue of administrative relief the applicant still believes he is the victim of an error or injustice, the applicant may petition the Board. 

4.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice for award of a second Arrowhead on his KSM or any other awards for his Korean War service.  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 OPR and adopt its rationale as the basis for our conclusion the applicant has not sustained his burden of proof that he has been the victim of an error or injustice.  The applicant’s personal sacrifice and unselfish service to his country are noted and our decision in no way lessens our regard for his service; however, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 

THE BOARD DETERMINES THAT:

The applicant be notified that all available avenues of administrative relief have not been exhausted; and the application will only be reconsidered upon submission of documentary evidence indicating that said avenues of administrative relief have been exhausted.  

The following members of the Board considered AFBCMR Docket Number BC-2015-02654 in Executive Session on 5 April 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 21 June 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 9 December 2015.
	Exhibit D.  Letter, AFBCMR, dated 18 February 2016.