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AF | BCMR | CY2001 | 0001492
Original file (0001492.doc) Auto-classification: Denied

                            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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