ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-03243
INDEX CODE: 107.00
COUNSEL: NO
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's appeal for reconsideration, he requests his records be
corrected to reflect he was awarded the Purple Heart (PH) for head injuries
he sustained during a rocket attack.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant while stationed in Vietnam was injured during a rocket attack
when an 85-pound speaker fell off the shelf and hit him in the head.
The applicant's request for award of the PH was considered and denied by
the Board on 26 June 2003. For an accounting of the facts and
circumstances surrounding the applicant's eligibility for receiving the
requested decoration, and the rationale of the earlier decision by the
Board, see the Record of Proceedings, with attachments, at Exhibit F.
On 27 June 2003, the applicant submitted a letter via Senator Domenici’s
office requesting reconsideration of his request to be awarded the PH. The
applicant provided with his request a notarized copy of a letter from his
commanding officer at the time of the incident (Exhibit G).
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After careful consideration of the applicant’s reconsideration request and
the documentation he submitted, we are not persuaded to override the
Board's original decision. The statement from his former commander is duly
noted; however, this statement in our opinion does not provide persuasive
information to substantiate the applicant’s injuries were a result of
direct enemy action and therefore it doesn’t meet the criteria for award of
the PH. As noted by the Air Staff not all service-connected conditions
were caused by the enemy. We wish to reiterate that
this decision in no way diminishes the applicant's service and sacrifices
to the Nation during this time period. However, in the absence of evidence
to the contrary we find no compelling basis to warrant favorable
consideration of this application.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 AFBCMR Docket Number BC-2002-
03243 in Executive Session on 2 October 2003, under the provisions of AFI
36-2603:
Mr. Joseph A. Roj, Panel Chair
Mr. Roscoe Hinton, Jr., Member
Ms. Jean A. Reynolds, Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, 26 Jun 03, w/atchs.
Exhibit G. Applicant’s Reconsideration Request, dated 27 Jun 03,
w/atchs.
JOSEPH A. ROJ
Panel Chair
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