RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00426
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  15 JUNE 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to show she was awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

She  was  injured  while  stationed  in  Kuwait  in  September  1996.    Her
supervisor was not able to forward the awards recommendation package  before
he died there.  She rightly and honestly earned the award.

In support of her request,  she  submits  excerpts  of  documents  from  her
medical records.  The applicant's complete submission, with attachments,  is
at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 28 October 1996, while performing counter-surveillance  duties  during  a
temporary duty assignment in Kuwait, the applicant was injured  in  a  motor
vehicle  accident  involving  a  local  national.   She  sustained  multiple
injuries to her body to include head trauma, loss of  conscientiousness  for
3-4 minutes, a chipped tooth, multiple  abrasions/contusions,  and  a  right
shoulder injury with a closed fracture to her right humerus.

In a letter dated 26 February 2001, the applicant’s  commander  stated  that
while the  applicant  “is  an  outstanding  performer,  she  has  only  been
performing security force duties in a limited capacity.  She  has  not  been
able to participate in the physically demanding  day-to-day  operations,  or
deploy in  support  of  worldwide  contingency  operations  or  to  required
regional air base defense training centers due to her profiles and  physical
limitations.”  He then recommended the applicant be considered  for  medical
discharge.

In a Medical  Evaluation  Board  (MEB)  summary  dated  28  March  2001,  an
orthopedic surgeon described the applicant  as  “unfit  for  the  rigors  of
active duty service” and recommended that the patient  undergo  MEB  and  be
discharged from active duty.  He noted her first MEB returned her  to  duty;
however he stated that she is unable to perform her duties.

On 24 April 2001, the Informal Physical Evaluation Board  (IPEB)  found  the
applicant unfit  because  of  her  medical  condition  and  recommended  her
discharge with severance pay with a disability rating of 10%  in  accordance
with Department of Defense and Veteran Administration guidelines.

On 21 June 2001, the applicant was honorably  discharged  from  active  duty
for disability with severance pay.  She was credited  with  6  years  and  8
months’ active duty service to include 1  year  5  months  and  15  days  of
Foreign Service.  Her awards include the Air Force Commendation  Medal,  Air
Force Outstanding  Unit  Award  (1  OLC),  Air  Force  Good  Conduct  Medal,
National Defense Service Medal, Armed Forces Expeditionary Medal, Air  Force
Overseas Long Tour Ribbon, Air Force Longevity  Service  Award  Ribbon,  NCO
Professional  Military  Education  Graduation  Ribbon,  and  the  Air  Force
Training Ribbon.

In a VA rating decision dated 8 July 2003,  the  applicant  was  granted  10
percent disability  for  gastroesophageal  reflux  disease  with  esophageal
spasm and hiatal hernia and 10 percent disability  for  residuals  of  right
humerus fracture.

_________________________________________________________________

AIR FORCE EVALUATION:

DPPPR recommends denial of the applicant’s request.  DPPPR states  there  is
no evidence in her medical or personnel records provided that  indicate  she
had been injured as a direct result of enemy action.  Her injuries were  the
result of an automobile accident and do not meet  the  criteria  of  the  PH
award.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 28 April 2005.  As  of  this  date,  this  office  has
received no response (Exhibit D).

_________________________________________________________________

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.  The applicant believes that she should  be
awarded the PH award for injuries sustained during her assignment in  Kuwait
and states that her supervisor had intended  to  submit  her  recommendation
before his untimely demise.  Nevertheless, the Air Force office  of  primary
responsibility states there was no evidence in the  applicant’s  records  to
warrant review of her case by the Purple Heart board, and we were unable  to
find any corroborating evidence, medical or  otherwise,  that  the  injuries
she alleges she sustained were a direct result  of  enemy  action.   In  our
view, to ignore the clear, established guidelines for award  of  the  Purple
Heart  would  serve  to  undermine  the  medal’s  significance.   While   we
appreciate and honor the applicant’s service to her country, in view of  the
above her request is not favorably considered.
________________________________________________________________

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 this application in  Executive
Session on 20 June 2006, under the provisions of AFI 36-2603:

                 Mr. Michael J. Maglio, Panel Chair
                 Ms. Mary C. Puckett, Panel Member
                 Ms. Patricia R. Collins, Panel Member

The following documentary evidence was considered in connection with Docket
Number BC-2006-00426:

      Exhibit A.  DD Form 149, dated 30 Jan 06, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 18 Apr 2006.
      Exhibit D.  Letters, SAF/MRBR, dated 28 Apr 06.
      Exhibit E.  Applicant’s Rebuttal, dated 3 Mar 06.



      MICHAEL J. MAGLIO
      Panel Chair