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AF | BCMR | CY2000 | 9901383
Original file (9901383.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  99-01383
            INDEX CODE:  107.00
            COUNSEL:  JOSE CASTRO (VA)

            HEARING DESIRED:  NO

Applicant requests that he  be  awarded  the  Purple  Heart  (PH)  for
injuries he sustained in a  plane  crash  in  Viet  Nam.   Applicant's
submission is at Exhibit A.

The appropriate Air Force office  evaluated  applicant's  request  and
provided an advisory opinion to the Board recommending the application
be denied (Exhibit C).  The advisory  opinion  was  forwarded  to  the
applicant and his counsel for review and response (Exhibit D).  As  of
this date, no response has been received by this office.

After careful consideration of applicant's request and  the  available
evidence  of  record,  we  find  insufficient  evidence  of  error  or
injustice to warrant corrective action.  The facts and opinions stated
in the advisory opinion appear to be based on the evidence  of  record
and have not been  rebutted  by  applicant  or  his  counsel.   Absent
persuasive evidence applicant was denied  rights  to  which  entitled,
appropriate regulations were not followed,  or  appropriate  standards
were not applied, we find no basis to disturb the existing record.

Accordingly, applicant's request is denied.

The Board staff is directed to  inform  applicant  of  this  decision.
Applicant should also be informed that this decision is final and will
only be reconsidered upon the presentation of  new  relevant  evidence
which was not available at the time the application was filed.

Members of the Board Mr. B. A. Kausal IV, Ms. Melinda J.  Loftin,  and
Mr. Joseph A. Roj considered  this  application  on  3  May  2000,  in
accordance with the provisions of Air Force  Instruction  36-2603  and
the governing statute, 10, U.S.C. 1552.




                       Panel Chair

Exhibits:
A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  SAF/MIBR Ltr Forwarding Advisory Opinion

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