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AF | BCMR | CY2003 | BC-2002-03686
Original file (BC-2002-03686.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03686
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

She be awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 13 June 1998 while TDY to Europe, the applicant was involved  in  a
vehicle accident, causing several injuries.  After  the  accident  she
was put in for  the  Purple  Heart  but  Bosnia  was  not  declared  a
war/combat zone yet.  The President of the  United  States  has  since
declared  Bosnia  a  war/combat  zone  when  and  where  her  injuries
occurred.

In support of the appeal, applicant submits a Description statement, a
copy of her orders, an  Eyewitness  Report,  a  copy  of  her  medical
records, a copy of a Group Leader letter, and a copy of DPPPRA  letter
telling applicant that she did not meet the criteria for award of  the
Purple Heart Medal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Regular Air Force, on
29 May  1996.   She  was  honorably  released  from  active  duty  and
transferred to the Air Force Reserve in the grade  of  captain  on  28
September 2001, having served 5 years and 4  months  on  active  duty.
Her separation document indicates she was awarded  or  authorized  the
Joint Meritorious Unit Award, the Air Force  Outstanding  Unit  Award,
the National Defense Service  Medal,  the  Armed  Force  Expeditionary
Medal, the Air Force Longevity Service Award  Ribbon,  the  Air  Force
Training Ribbon and the NATO Medal.

In a Department of Veterans Affairs (DVA)  rating  decision  dated  30
October 2001, the applicant was  granted  service-connection  for  the
conditions “Tinnitus,” rated at 10%; “Scars on right  shoulder,  head,
face and chin,” rated  at  10%;  Residuals  of  concussion,  fractured
skull,  tender  scar,”  rated  at  10%;   “Headaches,   residuals   of
concussion,” rated at 10%; “Status post  fracture,  bilateral  pelvis,
with residuals of right hip condition,” rated at 10%; “Hearing  loss,”
rated at 0%; and “Status post fracture, right shoulder, rated  at  0%,
All of  the  foregoing  conditions  Gulf  War  incurred.   A  combined
evaluation for compensation of 40% was assigned.

The Purple Heart Review Board  has  already  reviewed  this  case  and
informed the applicant that she is  not  eligible  for  award  of  the
Purple Heart Medal, because her injuries were not the direct result of
enemy action.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  states  that  the   applicant   has   not   provided   any
documentation  showing  that  the  jeep  in  which  she  and   another
individual rolled over as a direct result of enemy action.  Whether or
not Bosnia was later declared a  hostile  area  at  the  time  of  the
accident is irrelevant.  Her injuries were the  result  of  a  vehicle
accident, not enemy action.  Therefore, the applicant is not  eligible
for award of the Purple Heart Medal.  They  recommend  disapproval  of
the applicant’s request for  award  of  the  Purple  Heart  Medal  for
injuries sustained on 13 June 1998.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and  states  that  the
proof that she has submitted is that the local national  swerved  into
them at that moment, 13 June 1998, to drive them off the road into the
“Cody Crater” mine field.  Cody Crater was the area in the  ZOS  (Zone
of Separation) between the Serb Republic and  the  Croatian  territory
(Federation) at the time, 13 June 1998.  The President of  the  United
States declared this a war zone.  The ZOS was the  separation  between
Serbian and Croatian territories loaded with mines (Cody  Crater  mine
field) at the time, 13 June 1998.  That is why the local national  ran
them off the road at that time so  that  they  would  sustain  immense
injuries in the mine field/ZOS.

Applicant's response is attached at Exhibit E.

_________________________________________________________________



THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice.  After reviewing the evidence  of
record, we are not persuaded that the applicant’s records are in error
or that she has been the victim of an injustice.  Her contentions  are
noted; however, in our opinion, the detailed comments provided by  the
appropriate Air Force offices adequately  address  those  allegations.
Therefore, we agree with opinions and recommendations of the Air Force
and adopt their rationale as the basis for  the  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  this  application  in
Executive Session on 2 April 2003, under the  provisions  of  AFI  36-
2603:

                 Mr. Edward C. Koenig, III, Panel Chair
                 Mr. Thomas J. Topolski, Jr., Member
                 Ms. Brenda L. Romine, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Nov 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 7 Jan 03.
      Exhibit D. Letter, AFBCMR, dated 17 Jan 03.
      Exhibit E. Applicant’s Response, dated 22 Jan 03.



                             EDWARD C. KOENIG, III
                             Panel Chair

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