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Decision Text

AF | BCMR | CY2001 | 0101582
Original file (0101582.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 01-01582
                       INDEX CODE:  100.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

Applicant requests  that  he  be  awarded  the  Purple  Heart.   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
for review and response (Exhibit D). As of this date, no response  has  been
received by this office.

The application was not timely filed; however, it  is  in  the  interest  of
justice to excuse the failure to timely file.

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.  The evidence of record indicates that  applicant
was injured  in  a  jeep  accident  on  15  September  1943.   Although  the
applicant contends the accident was the result of the jeep  hitting  a  land
mine, we find no official documentation  to  substantiate  this  contention.
The personal sacrifice the applicant endured for his country  is  noted  and
our decision should in no way diminish the  high  regard  we  have  for  his
service; however, insufficient documentary evidence has  been  presented  to
warrant  awarding  him  the  Purple  Heart.  Should  the  applicant  provide
documentation to substantiate that the accident was the direct result of  an
enemy action, the  Board  would  be  willing  to  entertain  a  request  for
reconsideration.  However, in the absence  of  such  evidence,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   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 available at the time the application was filed.

Members of the Board Mr. Thomas S. Markiewicz, Ms.  Diane  Arnold,  and  Mr.
John E.  B.  Smith,  considered  this  application  on  2 October  2001,  in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.

                       THOMAS S. MARKIEWICZ
                       Vice Chair
Exhibits:
A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion

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