Search Decisions

Decision Text

AF | BCMR | CY2002 | 0201392
Original file (0201392.doc) Auto-classification: Denied

                       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

Similar Decisions

  • AF | BCMR | CY2002 | BC-2002-02025

    Original file (BC-2002-02025.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02025 INDEX NUMBER: XXXXXXXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No _____________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart for injuries he sustained on 29 June 1952. The applicant’s DD Form 214, item 29, “wounds received as a result of action with enemy forces” reflects a hand injury caused by explosion...

  • AF | BCMR | CY2002 | 0201360

    Original file (0201360.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR states that the applicant’s records were thoroughly reviewed for his eligibility for, and entitlement to, all awards and decorations. 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...

  • AF | BCMR | CY2002 | BC-2002-03125

    Original file (BC-2002-03125.doc) Auto-classification: Denied

    The applicant was provided a copy of SO G-76, dated 13 Jan 67, that revoked his award. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicated in his response to the Air Force evaluation that he is protesting the letter from AFPC/DPPPRA that informed him that his award of the Purple Heart had been revoked. We took notice of the applicant's complete submission in judging...

  • AF | BCMR | CY2003 | BC-2002-03125

    Original file (BC-2002-03125.doc) Auto-classification: Denied

    The applicant was provided a copy of SO G-76, dated 13 Jan 67, that revoked his award. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant indicated in his response to the Air Force evaluation that he is protesting the letter from AFPC/DPPPRA that informed him that his award of the Purple Heart had been revoked. We took notice of the applicant's complete submission in judging...

  • AF | BCMR | CY2003 | BC-2002-02089

    Original file (BC-2002-02089.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should be awarded the PH based on wounds he received in 1944, when a booby trap exploded. There is no evidence in the applicant’s medical or personnel records which proves he was injured as a direct result of enemy action. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that his injuries were the direct result of enemy action.

  • AF | BCMR | CY2002 | 0101027

    Original file (0101027.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01027 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. He was awarded the PH by a general officer while he was in the hospital. He recently received a formal letter of presentation from the President of Korea which included the new ribbon and medal.

  • AF | BCMR | CY2003 | BC-2002-03243

    Original file (BC-2002-03243.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states the primary criteria for award of the PH is that the individual be injured or wounded as a direct result of enemy action and that the wound required or received medical treatment by medical personnel. Each request is considered on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. His...

  • AF | BCMR | CY2004 | BC-2004-00040

    Original file (BC-2004-00040.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT CONTENDS THAT: He was never awarded the Purple Heart after his B-17 aircraft was shot down by enemy fire and he received a shrapnel wound to his right knee and injured his back. They indicated the applicant states the VA rating for service-connected disability for his back and right knee prove he was injured during WWII. The applicant has not provided sufficient information or documentation to substantiate his...

  • AF | BCMR | CY2002 | BC-2002-02275

    Original file (BC-2002-02275.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02275 INDEX NUMBER: 107.00 XXXXXXXXXXXX COUNSEL: None XXX-XX-XXXX HEARING DESIRED: No ______________________________________________________________ APPLICANT REQUESTS THAT: He be awarded a campaign medal for participation in “Operation Urgent Fury.” ______________________________________________________________ APPLICANT CONTENDS THAT: The reasons the applicant believes the records...

  • AF | BCMR | CY2002 | 0200699

    Original file (0200699.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force. As of this date, no response has been received by this office (Exhibit D). 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.