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AF | BCMR | CY2003 | BC-2002-01965
Original file (BC-2002-01965.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-01965
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

During a rocket attack while he was serving on his second tour  in  Vietnam,
he dived into a bunker landing on and injuring his left hand.  He  was  sent
to a USAF hospital where his hand was operated on.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 Dec 69,  applicant  retired  from  the  Air  Force  in  the  grade  of
technical sergeant. He served 22 years, 2 months,  and  20  days  on  active
duty.  He served his second tour in Vietnam during the period of 17  Dec  67
through 2 Dec 68.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states that his retirement physical  of
18 Jun 69, states that he had an operation on his left hand  on  22  Jun  68
for a growth,  not  an  injury.   He  did  not  respond  to  a  request  for
documentation to substantiate his claim or withdraw  his  application.   The
PH is awarded for wounds received as a direct result of enemy  actions.   It
is necessary that the wound  required  and  received  treatment  by  medical
personnel.   He  has  not  provided  any  documentation  or  information  to
substantiate his claim for award of the PH.   The  DPPPR  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and stated that the only documents he has  is  his  word
and medical  reports.   He  reiterates  the  circumstances  surrounding  the
incident to which he contends he was injured and states that he did  have  a
small growth in the center of his left hand but  it  never  caused  him  any
problems.  Diving into the bunker was a direct result of  enemy  action  and
if they had not been attacked, he would  not  have  had  to  dive  into  the
bunker and would not have had his hand operated on.

In further support of his request, applicant provided a copy of his DD  Form
214, Armed Forces of the United States  Report  of  Transfer  of  Discharge.
His complete submission, with attachment, 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 probable error or injustice.  After a thorough  review  of  the
applicant's submission and the available evidence  of  record,  we  are  not
persuaded that he should be awarded the Purple Heart.   We  took  notice  of
his 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.  There was no evidence presented, other than his own  assertions,
which would lead us to believe that he was medically treated for any  wounds
incurred as a direct result of enemy fire.   Therefore,  without  persuasive
evidence that he was wounded as a direct result of enemy action, we find  no
compelling basis to favorably consideration of his application
_________________________________________________________________

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  Docket  Number  02-01965  in
Executive Session on 12 Mar 03, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Gregory A. Parker, Member
      Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Dec 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.
    Exhibit E.  Letter, Applicant, not dated.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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