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AF | BCMR | CY2003 | BC-2002-02702
Original file (BC-2002-02702.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-02702

            COUNSEL:  AMERICAN LEGION

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

During 1965 - 1966, he was at Bametout, Vietnam  and  bitten  on  the  right
upper thigh by hostile dogs controlled by hostile forces.

In support of the appeal, the applicant submits a statement from a  civilian
physician indicating that the six scars on his right calf, knee, and  thigh,
are possible representative of trauma sustained from remote  dog  bites  and
the physical features may  correlate  with  his  history  of  a  dog  attack
sustained while on active duty, and personal statements from his spouse.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 21 February 1961,  for  a  period
of four years.  He was progressively promoted  to  the  grade  of  technical
sergeant (E-6).

From 6 November 1965 through 15 October 1966, he was assigned to  Detachment
9, 619th Tactical  Control  Squadron,  as  an  Electrical  Power  Production
Specialist.

On 31 March 1983, he was relieved from active  duty  and  on  1 April  1983,
retired for length of service in the grade of E-6.  He completed  22  years,
1 month, and 10 days of active service.

The PH is awarded for wounds received as a direct  result  of  enemy  action
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.) that required  or  received  treatment  by
medical personnel.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
there is no evidence in the applicant’s medical or personnel records,  which
proves he was injured as a direct result  of  enemy  action.   His  injuries
were the result of dog bites, and do not meet the criteria of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in essence, that since his records are not able to  be
found and support his claim, his statement should be given  the  benefit  of
the doubt and he be awarded the PH.

The applicant’s complete responses, with  attachments,  are  at  Exhibits  E
through G.

_________________________________________________________________

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.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has 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;  however,  insufficient
documentary evidence has been presented to warrant awarding him  the  Purple
Heart.  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 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  02-02702  in
Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. Mike Novel, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.
    Exhibit E.  Letter, Applicant, dated 11 Nov 02, w/atch.
    Exhibit F.  Letter, Applicant, dated 28 Nov 02, w/atchs.
      Exhibit G.  Letter, Applicant, dated 28 Nov 02.




                                   DAVID W. MULGREW
                                   Panel Chair

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