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AF | BCMR | CY2001 | 0101784
Original file (0101784.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  10-01784
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

While on a flying combat mission he was temporarily blinded due to the
explosion of an anti-aircraft magnesium shell.

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.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states there is no evidence in the applicant's record to
substantiate that the injury he received was a direct result of  enemy
action.

The applicant's request was forwarded to the Purple Heart Review Board
(PHRB) in Mar 01.  The PHRB determined the applicant did  not  provide
sufficient medical documentation to support being awarded the PH.  The
applicant was forwarded the criteria required for award of the PH.  He
was  requested  to  provide   additional   information   which   would
substantiate his receiving the PH.  The applicant did not provide  any
additional documentation.

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:

The applicant states  there  are  several  errors  in  the  Air  Force
evaluation and he did forward  the  requested  additional  information
(Exhibit E).

_________________________________________________________________

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   noted   the
applicant's complete submission in judging the  merits  of  his  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the  basis  for  our  decision  that  the
applicant has failed to  provide  persuasive  evidence  of  an  injury
meeting the criteria for 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 19 December 2001, under the provisions of AFI 36-
2603:

                       Mr. Terry A. Yonkers, Panel Chair
                       Mr. E. David Hoard, Member
                       Ms. Barbara J. White-Olson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 29 May 01, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 28 Oct 01.
      Exhibit D. Letter, SAF/MRBR, dated 9 Nov 01.
      Exhibit E. Applicant's Response, dated 13 Nov 01.




                             TERRY A. YONKERS
                             Panel Chair

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