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AF | BCMR | CY2003 | BC-2002-02802
Original file (BC-2002-02802.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  02-02802
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

In February 1964, while flying a T-28 in Vietnam on  a  combat  mission,  he
was shot down.  His aircraft crashed and caught fire burning  parts  of  his
body with second-degree burns.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Armed Forces of the United States Report  of  Transfer  or  Discharge.   His
complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant served on active duty during the period 6 Dec 55  through  31  Mar
70.  He served a tour in Vietnam during the period 20 Dec 63 through  2  Jan
65.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial.   DPPPR  states  that  applicant's   medical
records show that on 14 Jan 64 he was treated for  a  first-degree  burn  on
his right forearm as a result of an aircraft accident.  The PH review  board
did not review this case because no documentation has been provided to  show
he incurred an injury or wound as a direct  result  of  enemy  action.   The
applicant did not respond to a request to provide the necessary  information
or  documentation  (specific  date,  details  regarding   how   the   injury
occurred).  There is no indication he is eligible for  the  PH.   The  DPPPR
evaluation is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27  Nov
02 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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 that would indicate  he  should  be  awarded
the Purple Heart.  We took notice of the applicant's complete submission  in
judging the merits of the case; however, evidence  has  not  been  presented
which would lead us to believe that his injuries were incurred as  a  direct
result  of  enemy  fire.   Therefore,  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.  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  02-02802  in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:

      Mr. Thomas S. Markiewicz, Vice Chair
      Mr. James W. Russell III, Member
      Mrs. Carolyn J. Watkins-Taylor, Member




The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 20 Nov 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.




                                   THOMAS S. MARKIEWICZ
                                   Vice Chair

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