RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-01392
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart.
_________________________________________________________________
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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR states that since the applicant has not provided any
specifics of an injury incurred as a direct result of enemy action, or
any documentation showing he received medical treatment for such an
injury, his case was not referred to the Purple Heart review Board.
Even when asked to provide the necessary information and
documentation, he did not respond. Therefore, they can not verify his
eligibility for the Purple Heart. A complete copy of the evaluation
is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 26 July 2002, a complete copy of the Air Force evaluation was
forwarded to the applicant for review and response within 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 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 Staff
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.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel will
materially add to our understanding of the issue(s) involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of 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 on 10
September 2002, under the provisions of AFI 36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Thomas J. Topolski, Jr., Member
Ms. Marilyn Thomas, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Apr 02, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 22 Jul 02.
Exhibit D. Letter, AFBCMR, dated 26 Jul 02.
JOSEPH A. ROJ
Panel Chair
AF | BCMR | CY2002 | BC-2002-02025
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AF | BCMR | CY2003 | BC-2002-02089
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