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AF | BCMR | CY2000 | 9610008
Original file (9610008.doc) Auto-classification: Denied



                                 ADDENDUM TO

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  96-10008
            INDEX CODE:  107

            COUNSEL:  FRED L. BAUER

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for a wound suffered in Vietnam.

_________________________________________________________________

RESUME OF CASE:

On 7 Aug 97, the Board considered and denied applicant’s request (see
Exhibit F).

On  26 Nov  99,  counsel  for  the  applicant   provided   additional
documentation and requested the Board reconsider applicant’s request.

Counsel’s complete submission is attached at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

Insufficient relevant evidence has been presented to demonstrate  the
existence of probable error or injustice.  We have  reconsidered  the
entire  application  and  the  additional  documentation   submitted.
However, we are not sufficiently persuaded that  a  revision  of  the
earlier determination in this  case  is  warranted.   The  Air  Force
provided a clear understanding of the criteria to be used  for  award
of the PH in their 20 Nov 96 advisory opinion.  As noted by  the  Air
Force, while applicant’s records do provide medical documentation for
the injury, his records do not contain conclusive evidence  that  the
injury was  a  direct  result  of  enemy  action.   In  view  of  the
foregoing, the earlier decision to deny his application is affirmed.

_________________________________________________________________



THE BOARD DETERMINES THAT:

The applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable 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.

_________________________________________________________________

The following members of the Board  considered  this  application  in
Executive Session on 31 January 2000, under  the  provisions  of  Air
Force Instruction 36-2603:

                  Mr. Oscar A. Goldfarb, Panel Chair
                  Mr. Thomas Markiewicz, Member
                  Ms. Sophie Clark, Member

The following documentary evidence was considered:

     Exhibit F.  ROP, dated 15 Sep 97, w/atchs.
     Exhibit G.  Letter fr counsel, dated 26 Nov 99, w/atchs.




                                   OSCAR A. GOLDFARB
                                   Panel Chair

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