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AF | BCMR | CY2002 | 0101849
Original file (0101849.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NO: 01-01849
                       INDEX CODE:  107.00

                             COUNSEL:  NONE

                             HEARING DESIRED:  NO

Applicant requests that he be awarded the Purple  Heart  (PH).   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). The applicant has provided  a  response
(Exhibit E).

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 facts and opinions stated  in  the  advisory
opinion appear to be based on the evidence  of  record  and  have  not  been
adequately rebutted by applicant.  Absent persuasive evidence applicant  was
denied rights to which entitled, appropriate regulations were not  followed,
or appropriate standards were not applied, we find no basis to  disturb  the
existing record.

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. Edward H. Parker, Ms. Martha Maust,  and  Mr. James
W.  Russell  Jr.,  considered  this  application  on  31 January  2002,   in
accordance with the provisions of Air Force  Instruction  36-2603,  and  the
governing statute, 10, U.S.C. 1552.




                       EDWARD H. PARKER
                       Panel Chair

Exhibits:

A.  Applicant's DD Form 149, w/atchs
B.  Available Master Personnel Records
C.  Advisory Opinion
D.  AFBCMR Ltr Forwarding Advisory Opinion
E.  Applicant's Response, w/atchs

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