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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AF | BCMR | CY1999 | BC-1993-03005A
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