RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01492
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
APPLICANT CONTENDS THAT:
During a wartime environment, at Al Jabar Air Base, Kuwait, he was injured,
hospitalized and sent home early from his tour of duty.
The applicant states that while deployed in Kuwait, he received electrical
burns to his face, causing strain and photophobia to his right eye. Due to
the severity of his condition his tour was curtailed.
In support of the appeal, applicant submits Chronological Records of
Medical Care regarding the treatment he received from medical personnel on
16 and 17 August 1999 as a result of his injuries.
The applicant’s complete submission is attached at Exhibit A.
STATEMENT OF FACTS:
On 17 August 1999, while assigned to the Ahmed Al Jaber Air Base, Kuwait,
the applicant received first degree burns to his face as a result of a high
voltage flash/arc that occurred while he was repairing a connector at a
power plant. His injuries received treatment by medical personnel.
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 bail out injuries, etc.) that required or received treatment by
medical personnel.
AIR FORCE EVALUATIONS:
The Chief, Awards and Decorations Section, AFPC/DPPPR, reviewed the
application and states that a member must provide documentation to support
the injury was a direct result of enemy action. Indirect injuries which do
not meet the PH criteria include, but are not limited to, injuries received
while seeking shelter from mortar or rocket attacks, aircraft accidents,
grenades, diseases and exposure. Applicant’s medical documentation
indicates that his injuries were sustained in the line of duty but not the
direct result of enemy action. The medical records also indicate that he
was injured from an electrical flash while working at a power plant
repairing a connector. Since there is no evidence in the applicant’s
records that he has been injured as a direct result of enemy action, they
recommend denial of his request to be awarded the PH.
Complete copies of the evaluations are at Exhibits C and E.
APPLICANT'S REVIEW OF AIR FORCE EVALUATIONS:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 25 August, 15 December, and 28 December 2000, for review and
response within 30 days. However, as of this date, no response has been
received by this office.
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
evidence of record and noting the applicant’s contentions, we are not
persuaded that he has been the victim of an error or injustice. In this
respect, we note the PH is awarded for wounds received as a direct result
of enemy action. The applicant requests award of the PH based on high
voltage electrical flash burns he received to his face while deployed to
Kuwait. The personal sacrifice the applicant has endured for his country
is noted and our decision should in no way lessen his service; however, his
injury was not the direct result of enemy action. Therefore, in the absence
of evidence to the contrary, we 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 21 February 2001, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Steven A. Shaw, Member
Mr. Lawrence R. Leehy, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Apr 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 14 Aug 00, w/atch.
Exhibit D. Letter, SAF/MIBR, dated 25 Aug 00.
Exhibit E. Letter, AFPC/DPPPR, dated 5 Dec 00.
Exhibit F. Letters, AFBCMR, dated 15 & 28 Dec 00.
RICHARD A. PETERSON
Panel Chair
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