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 applicants
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 applicants
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 applicants
contentions are duly noted; however, we do not find these
assertions, in and by themselves, sufficiently persuasive to
override our previous determination that the applicants 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 applicants 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
2
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