ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-1993-00157

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His military personnel records be corrected to reflect he was 
awarded the Purple Heart (PH).

________________________________________________________________

RESUME OF CASE:

On 23 Apr 93, the Board considered and denied applicant’s 
request for award of the PH Medal, indicating his request was 
untimely. In the initial case, the applicant contended that 
while serving in Vietnam as a dog handler, his dog became 
excited during an enemy rocket attack and, as a result, turned 
on him and bit him on the forearm and calf.  For an accounting 
of the facts and circumstances surrounding the applicant’s 
request, and the rationale of the earlier decision by the Board, 
see the Record of Proceedings (ROP) at Exhibit F.

In a new DD Form 149, dated 10 Jun 13, the applicant requests 
reconsideration based upon newly-discovered evidence not 
reasonably available at the time of his initial application.  
The newly-discovered evidence includes an ROP describing a case 
previously approved by the Board and the applicant essentially 
asserts that similar consideration should be applied to his case 
and the requested relief should be granted.  

________________________________________________________________

THE BOARD CONCLUDES THAT:

After again reviewing this application and the evidence provided 
in support of his appeal, we remain unconvinced the applicant 
has been a victim of an error or injustice.  The applicant’s 
contentions are duly noted; however, we do not find these 
assertions, in and by themselves, sufficiently persuasive to 
override our previous determination that the applicant’s request 
was not timely filed.  While we note that in the case cited by 
the applicant, the Board recommended granting relief because 
that applicant brought forth evidence that he sustained an 
injury during an attack, in the instant case, there is no 
evidence of a causal relationship between the dog bites the 
applicant sustained and an attack by the enemy.  Even if there 
was, indirect injuries such as these do not qualify for the 
award of the Purple Heart (PH) Medal.  Therefore, the applicant 
is not similarly situated to the applicant in the case he cites 
and similar consideration should not be conferred upon him.  
Therefore, in the absence of evidence to the contrary, we find 
no basis to excuse the applicant’s failure to timely file.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; and 
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 AFBCMR Docket 
Number BC-1993-00157 in Executive Session on 27 Mar 14, under 
the provisions of AFI 36-2603:

                         , Panel Chair
                         , Member
                         , Member

The following documentary evidence was considered:

    Exhibit F.  Record of Proceedings, dated 23 Apr 93, w/atchs.
    Exhibit G.  DD Form 149, dated 10 Jun 13, w/atchs.




                                   
                                   Panel Chair
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