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AF | BCMR | CY2001 | 0101368
Original file (0101368.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01368
                       INDEX CODE:  107.00
      APPLICANT (Deceased)   COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her late-father's military records be  corrected  to  reflect  he  was
awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

Her father was injured when his aircraft was shot down.   She  further
contends that her father suffered from many beatings while a  Prisoner
of War (POW).

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The relevant facts pertaining to this application, extracted from  the
applicant's military records, are contained in the letter prepared  by
the appropriate office of the Air Force.   Accordingly,  there  is  no
need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Recognition Programs Branch, HQ AFPC/DPPPR,  reviewed  this
application and states to be awarded  the  PH  documentation  must  be
provided to show that the service  member  was  wounded  as  a  direct
result of enemy action.  Indirect injuries do not  meet  the  criteria
for PH.  Also, the service member must have received medical treatment
for the injuries by medical personnel.

DPPPR forwarded the applicant the criteria required for award  of  the
PH.  They requested she provide  additional  information  which  would
substantiate  her  late-father  receiving  the  PH.    The   applicant
submitted the same information she previously submitted.

There is no evidence in the service member's record indicating that he
had been injured as  direct  result  of  enemy  action.   The  service
member's records  do  no  reflect  that  he  was  injured  during  the
timeframe he was classified as missing in action.

Based on  the  information  provided,  DPPPR  recommends  denying  the
applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 Aug 01, for review and response.  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 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.   The  applicant's
contentions  were  duly  noted;  however,  we  did  not   find   these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override the rationale provided by the  Air  Force.   We
sympathize with the applicant for the personal  sacrifice  her  father
endured as a POW and our decision should in no way lessen his service;
however, insufficient  documentary  evidence  has  been  presented  to
warrant the award of the Purple Heart.  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 4 October 2001, under the provisions of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. William Edwards, Member
                       Mr. E. David Hoard, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 May 01, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 16 Aug 01.
      Exhibit D. Letter, SAF/MIBR, dated 24 Aug 01.




                             RICHRD A. PETERSON
                             Panel Chair

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