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Decision Text

AF | BCMR | CY2001 | 0001786
Original file (0001786.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01786
            INDEX CODE:  107.00

            COUNSEL:  GILBERT F. CARRILLO

            HEARING DESIRED:  NOT INDICATED

Applicant requests that he receive  the  award  of  the  Purple  Heart
Medal.  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 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.  In  order  to  establish  the
applicant’s entitlement to the Purple  Heart,  additional  information
the applicant may have pertaining to the circumstances surrounding his
injuries must be provided.  Should he secure documentation in  support
of his assertion in the form of statements of  possible  witnesses  to
the events under review; or, evidence from his medical records or from
the Veterans Administration indicating the presence of wounds or scars
which could have been the result of injuries he indicates he suffered,
the  Board  would  reconsider  his  application.   While  we  are  not
unmindful or unappreciative of the applicant’s service to the  Nation,
in the absence of evidence to support that he was wounded as a  result
of enemy action, we agree with the opinion of the Air Force  and  find
no  compelling  basis  to  warrant  favorable  consideration  of  this
application.

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 reasonably available at the  time  the  application  was
filed.

Members of the Board Mr. Patrick R. Wheeler, Mr.  Lawrence  R.  Leehy,
and Ms. Marilyn Thomas considered  this  application  on     18  April
2001, in accordance with the provisions of Air Force  Instruction  36-
2603 and the governing statute, 10 U.S.C. 1552.



                                    PATRICK R. WHEELER
                                    Panel Chair

Exhibits:

A.  Applicant's DD Form 149
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion

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