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AF | BCMR | CY2000 | 9901173
Original file (9901173.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01173
            INDEX CODE:  107.00
      APPLICANT  COUNSEL:  NONE

            HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:

He was injured in Vietnam  while  on  a  combat  mission.   His  aircraft
received hits, which caused a load to break loose hitting him, causing  a
ruptured appendix

In support of his application, he  provided  a  copy  of  his  separation
documents and page 2 of a SF 93, Report of Medical History, completed  in
connection with his 9 November 1977 physical examination (see Exhibit A).

STATEMENT OF FACTS:

The applicant is a former enlisted member of the Regular  Air  Force  who
was honorably discharged in the grade  of  staff  sergeant  (E-5)  on  13
August 1970.  He was credited with 12 years, 1 month and 12 days of total
active military service, of which 11  months  and  22  days  was  foreign
and/or Southeast Asia service.

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 Chief, Awards and Decorations Section, Recognition  Programs  Branch,
AFPC/DPPPR, reviewed his request and  recommends  denial.   DPPPR  stated
that the PH is awarded for wounds received as a direct  result  of  enemy
action (i.e., gunshot or shrapnel  wounds,  hand-to-hand  combat  wounds,
forced  aircraft  bailout  injuries,  etc).   DPPPR  indicated  that  the
applicant must provide documentation to  support  the  injury  was  as  a
direct result of enemy action.  Indirect injuries include,  but  are  not
limited to, injuries received while seeking shelter from mortar or rocket
attacks, aircraft accidents, grenades, disease and exposure.

Because there is no evidence in the applicant's records that indicate  he
had been injured as a direct result of enemy action, DPPPR recommends the
application be denied (see Exhibit C).
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy  of  the  Air  Force  evaluation  was  forwarded  to  the
applicant on 21 Jan 00 for review and response within  30  days.   As  of
this date, this office has received no response.

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.  Insufficient relevant evidence has been presented to demonstrate  the
existence of  probable  error  or  injustice.   We  took  notice  of  the
applicant's complete submission  in  judging  the  merits  of  the  case;
however, after thorough review of  the  applicant's  submission  and  his
medical records, we found  that  there  was  no  evidence  provided  that
supported his contention that his aircraft was hit causing  the  load  to
break loose, which led to the rupture of his appendix.  Therefore, in the
absence of evidence to the contrary, we agree with the opinion of the Air
Force and find no compelling  basis  to  recommend  granting  the  relief
sought in this application.

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 13 Jul 00, under the provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Ms. Marcia Jane Bachman, Member
      Mr. Steven A. Shaw, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 30 Apr 99, W/Atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 13 Apr 00.
    Exhibit D.  Letter, SAF/MIBR, dated 28 Apr 00.



                                   CHARLENE M. BRADLEY
                                   Panel Chair

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