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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