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AF | BCMR | CY2004 | BC-2004-02055
Original file (BC-2004-02055.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-02055
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXXX                           HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

While he  was  stationed  at  Udorn  Royal  Thai  Air  Force  Base  (RTAFB),
Thailand, the United States water bags  they  used  were  contaminated  with
bacteria.  This contamination caused him to have a colostomy one year  after
his discharge; therefore, creating his disability.

The  applicant  provides  no  documentation  to  support  his  claim.    The
applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 5 April 1972, the applicant enlisted in the  Regular  Air  Force  in  the
grade of airman basic for a period of four years at  the  age  of  19.   The
applicant was progressively promoted to the rank of airman first  class  (E-
3), effective 1 February 1973 with a date of rank of 17  January  1973.   He
performed  duties  as  a  Security  Apprentice.   The  applicant’s   records
indicate he performed overseas duty at Udorn RTAFB, Thailand.   He  received
one airman performance report for the period 5  April  1972  through  13 May
1973 with an overall rating of 7.

The  applicant   was   administratively   discharged   with   an   honorable
characterization of service on 28 August 1973.  The basis for his  discharge
was unsuitability based upon his  diagnosis  of  a  character  and  behavior
disorder that was of sufficient severity to preclude his performance of  any
duties in a reliable manner.  He served 1 year, 4  months  and  24  days  on
active duty of which 8 months and 12 days were Foreign Service.

A Department of Veterans Affairs (DVA) rating decision  dated  23 June  2004
indicates the applicant was awarded disability compensation  for  ulcerative
colitis at 10% and perforated rectum with temporary colostomy  at  0%.   The
DVA  found  the  applicant’s  claims  for   pancreatitis   associated   with
ulcerative   colitus,   passive   aggressive   personality   disorder,   and
posttraumatic stress disorder to not be service connected.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states that there  is  no  evidence  in
the applicant’s military records to indicate he sustained injury or  illness
incurred as the result of enemy action.  In addition, there is  no  evidence
of medical treatment in the applicant’s file.  DPPPR notified the  applicant
that after their review of his personnel and medical records, there was  not
enough documentation to support his claim.  The applicant did  not  respond;
therefore, they are unable to verify his entitlement to  the  Purple  Heart.
The AFPC/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  17
September 2004 for review and response 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 an  error  or  injustice.   After  a  thorough  review  of  the
available records, we found no evidence that the applicant is  eligible  for
the award of the Purple Heart Medal.  The applicant’s contentions  are  duly
noted; however, he did not provide any documentary evidence to  substantiate
his claim that he sustained injury or illness  incurred  as  the  result  of
enemy action, or that he was recommended for, or awarded, the  Purple  Heart
Medal.  The personal sacrifice the applicant made for his country  is  noted
and the recommendation to deny the requested relief  in  no  way  diminishes
the high regard we have for his  service.   Nevertheless,  in  view  of  the
above, we find no basis to favorably consider this application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issues involved.   Therefore,  the  request  for  a
hearing is not favorably considered.

__________________________________________________________________

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 14 December 2004, under the provisions of AFI 36-2603:

            Mr. Robert S. Boyd, Panel Chair
            Ms. Renee M. Collier, Member
            Ms. Janet I. Hassan, Member

The following documentary evidence for AFBCMR  Docket  Number  BC-2004-02055
was considered:

      Exhibit A.  DD Form 149, dated 21 Jun 04.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, undated.
      Exhibit D.  Letter, SAF/MRBR, dated 17 Sep 04.




                             ROBERT S. BOYD
                                             Panel Chair

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