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AF | BCMR | CY2002 | 0201199
Original file (0201199.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-01199
            INDEX CODE:  107.00

            COUNSEL:  DVA

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive award of the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The reasons the applicant believes the  records  to  be  in  error  or
unjust and the evidence submitted in support  of  the  appeal  are  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 (Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that  on  3  May  2002,
their office notified the applicant of the criteria for award  of  the
Purple Heart.  They requested that he provide additional  information,
which would substantiate his claim.  The applicant did not respond  to
this request.

There is no evidence in the applicant’s medical or personnel  records,
that he had been injured as a direct result of enemy action.

The evaluation, with attachment, is at Exhibit C.

_________________________________________________________________





APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 July 2002, a  copy  of  the  evaluation  was  forwarded  to  the
applicant for review and response within thirty (30) days.  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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  our  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
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  an  error  or  an  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 AFBCMR Docket Number 02-
01199 in Executive Session on 28 August 2002, under the provisions  of
AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Mr. Frederick R. Beaman III, Member
                 Ms. Cheryl Dare, Member







The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 July 2002, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 1 July 2002, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 19 July 2002.




                       ROSCOE HINTON, JR.
                       Panel Chair



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