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AF | BCMR | CY2002 | BC-2002-03125
Original file (BC-2002-03125.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-03125
            INDEX NUMBER:  107.00
      XXXXXXXXXXX      COUNSEL:  None

      XXX-XX-XXXX      HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be amended to reflect his award of the Purple Heart.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He earned the Purple Heart as a result of being injured on  4  Dec  66
while helping to repel an attack by Viet  Cong  on  his  assigned  Air
Base.

Applicant provides a copy of Special Order (SO) G-1109, dated 6 Dec 66
awarding him the Purple Heart.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The pertinent facts pertaining to this application  are  contained  in
the evaluation 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.   On  25  Oct
02, they informed the applicant  that  SO  G-1109,  dated  6  Dec  66,
awarding him the Purple Heart had been  revoked.   The  applicant  was
provided a copy of SO G-76, dated 13 Jan 67, that revoked  his  award.
The applicant has not provided  any  documentation  showing  that  the
award of the Purple Heart was reinstated.

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that his award of the Purple Heart had been revoked.  He  claims  that
he never received notification that SO G-1109 had  been  revoked.   He
further responds that he was injured due to combat conditions with the
Viet Cong and provides  some  details  regarding  his  present  health
condition.

The applicant’s complete response is at Exhibit E.

_________________________________________________________________

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.  The personal sacrifice the  applicant  endured
for his country is noted and our decision in  no  way  diminishes  the
high regard we have for his service.  Therefore,  in  the  absence  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought in this application.

_______________________________________________________________

The following members of the Board considered Docket  Number  02-03125
in Executive Session on 4 March 2003, under the provisions of AFI  36-
2603:

      Mr. Joseph A. Roj, Panel Chair
      Mr. James W. Russell, III, Member
      Ms. Kathleen F. Graham, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Sep 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPPPR, dated 28 Jan 03.
    Exhibit D.  Letter, SAF/MRBR, dated 31 Jan 03.
    Exhibit E.  Letter, Applicant, dated 10 Feb 03, w/atchs.




                                   JOSEPH A. ROJ
                                   Panel Chair

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