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AF | BCMR | CY1999 | 9802228
Original file (9802228.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  98-02228
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late husband’s records be corrected to reflect award of the Purple
Heart.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application are contained in the
letter  prepared  by  the  appropriate  office  of  the   Air   Force.
Accordingly, there is no need to recite these facts in this Record  of
Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Recognition   Programs   Branch,   AFPC/DPPPRA,   reviewed   this
application and recommended denial.  A complete copy of the evaluation
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Dec 98 for review and response.  As of this date, no response has been
received by this office.

On 2 Jun 99, pursuant to the Board’s request, the  applicant  provided
additional documentary evidence for the Board’s  consideration,  which
is attached at Exhibit E.

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting corrective  action
in this case.  We took particular note of  a  photo  provided  by  the
applicant which appears to show the former service member wearing  the
Purple Heart ribbon, as well as the separation document  showing  that
he received wounds in action in        on 18 Dec 44.  In view  of  the
above, we believe that the applicant’s records should be corrected  to
show award of the Purple Heart, and so recommend.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to the former service member, be corrected to  show  that  he
was awarded the Purple Heart for injuries sustained  as  a  result  of
enemy action on 18 Dec 44, while on a mission over    .
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 23 Mar 99 and 30 Sep 99, under the provisions  of
AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Olga M. Crerar, Member
      Ms. Dorothy P. Loeb, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 4 Aug 98, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPRA, dated 23 Nov 98.
     Exhibit D.  Letter, SAF/MIBR, dated 14 Dec 98.
     Exhibit E.  Letter, applicant, dated 2 Jun 99.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair













AFBCMR 98-02228




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that he was awarded the
Purple Heart for injuries sustained as a result of enemy action on 18
Dec 44, while on a mission over           .







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency


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