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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