RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-01794
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured as a result of the bombing of the Khobar Towers in
Saudi Arabia.
In support of his appeal, the applicant provided an expanded
statement, several affidavits, photographs, and other documents
associated with the matter under review.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Information extracted from the Personnel Data System (PDS) indicates
that the applicant is currently serving on active duty in the grade of
staff sergeant, having been promoted to that grade on 1 Dec 99. His
Total Active Federal Military Service Date (TAFMSD) is 22 Apr 92.
On 23 Aug 99, the applicant was notified by the Recognitions Programs
Branch, AFPC/DPPPR, that the Purple Heart Review Board had determined
that he did not meet the criteria for award of the Purple Heart Medal.
DPPPR indicated that the decision was based on inconclusive evidence
that the wounds to the applicant’s hand and arms were incurred as a
result of flying glass, since he received no medical treatment by
medical personnel for those wounds.
_________________________________________________________________
AIR FORCE EVALUATION:
The Recognition Programs Branch, AFPC/DPPPR, reviewed this application
and recommended denial. According to DPPPR, the Purple Heart Medal 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.). A member must provide documentation
to support the injury was as a direct result of enemy action. It is
also necessary that the wound required or received medical treatment
by medical personnel. Indirect injuries which do not meet the
criteria include, but are not limited to, injuries received while
seeking shelter from mortar or rocket attacks, aircraft accidents,
grenades, diseases and exposure.
DPPPR indicated that, on 14 Jul 00, their office notified applicant of
the criteria required for award of the Purple Heart Medal. They
requested he provide additional information to include any eyewitness
statements, which would substantiate his claim. The applicant did not
respond to this request. In DPPPR’s view, there was no evidence in
the applicant's records that he had been injured as a direct result of
enemy action.
A complete copy of the DPPPR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 3 Nov
00 for review and response. As of this date, no response has been
received by this office (Exhibit C).
_________________________________________________________________
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, we agree with the opinion and recommendation of the Air Force
office of primary responsibility (OPR) and adopt their rationale as
the basis for our decision that the applicant has failed to sustain
his burden that he has suffered either an error or an injustice. No
evidence has been presented which has shown to our satisfaction that
the applicant met the established criteria for award of the Purple
Heart Medal. In view of the above, and in the absence of clear-cut
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
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 10 Jan 01, under the provisions of AFI 36-2603:
Mr. Teddy L. Houston, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Marilyn Thomas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Jun 00, w/atchs.
Exhibit B. Letter, AFPC/DPPPR, dated 20 Oct 00.
Exhibit C. Letter, SAF/MIBR, dated 3 Nov 00.
TEDDY L. HOUSTON
Panel Chair
DPPPR indicated that the Purple Heart Medal is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, or forced aircraft bail out injuries). According to DPPPR, there was no evidence in the applicant's medical or personnel records which were provided that he had been injured as a direct result of enemy action. Exhibit D. Letter, SAF/MIBR, dated 3 Nov 00.
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