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AF | BCMR | CY2002 | 0101868
Original file (0101868.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  01-01868
                       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:

He was wounded in 1945 after an aircraft accident in a bomb dump.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 16 Sep 42 to 20 Nov 45  as  a
firefighter.

On 2 Feb 45, the applicant was struck by a bomb fragment in his  back,
during a bomb dump explosion.  He was hospitalized  for  approximately
two to three  weeks.   Information  from  a  hospital  admission  card
indicates that the  injuries  he  sustained  were  consistent  with  a
puncture or stab wound.  The point of entrance of the injury  was  the
abdominal wall, pelvis and back.  The injury did not cause  any  nerve
or artery damage and his injuries were not received during battle.

_________________________________________________________________

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.

DPPPR forwarded the applicant the criteria required for award  of  the
PH.  They requested he  provide  additional  information  which  would
substantiate his receiving the PH.  The applicant did not  respond  to
their request.

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 5
Oct 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.   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 14 February 2002, under the provisions of AFI 36-
2603:

                       Mr. Roger E. Willmeth, Panel Chair
                       Ms. Nancy Wells Drury, Member
                       Mr. Albert J. Starnes, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Jul 01, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Sep 01.
      Exhibit D. Letter, SAF/MIBR, dated 5 Oct 01.




                             ROGER E. WILLMETH
                             Panel Chair

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