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AF | BCMR | CY2002 | 0201270
Original file (0201270.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01270
            INDEX NUMBER:  107.00
      XXXXXXXXXXXXXXXXXX     COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for head injuries sustained in Korea.

_________________________________________________________________

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 found at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial  of  the  applicant’s  request.    The
complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  on
23 Aug 02 for review and comment within 30 days.  To date, a response
has not been received.

_________________________________________________________________

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  error  or  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 office of primary responsibility 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 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 Docket Number  02-01270
in Executive Session on 25 September 2002, under  the  provisions  of
AFI 36-2603:

      Mr. Lawrence R. Leehy, Panel Chair
      Ms. Diane Arnold, Member
      Mr. E. David Hoard, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Apr 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 26 Jul 02.
    Exhibit D.  Letter, SAF/MIBR, dated 23 Aug 02.




                                   LAWRENCE R. LEEHY
                                   Panel Chair

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