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AF | BCMR | CY2001 | 0001794
Original file (0001794.doc) Auto-classification: Denied



                       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

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