THIRD ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2001-01784
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's request for reconsideration, he requests the award of
the Purple Heart (PH).
_________________________________________________________________
STATEMENT OF FACTS:
Previous appeals for award of the PH were considered and denied by the
Board on 19 December 2001, 9 April 2002 and 22 August 2002. For an
accounting of the facts and circumstances surrounding the previous
submissions and the rationale of the earlier decisions by the Board, see
the Record of Proceedings and the Addendums to Record of Proceedings at
Exhibit K.
In his most recent submission applicant states the corneal flash burn he
received does meet the PH criteria in that his injury was a burn in the
cornea that causes a lesion, his injury was substantiated by an eyewitness
and the injury was the cause of him having to undergo two medical
procedures which were caused by exploding magnesium shells. His complete
submission, with attachments is at Exhibit L.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, the applicant’s prior
submissions, and the additional evidence provided in support of his
appeal, we are not persuaded the applicant’s records should be corrected
to show he was awarded the Purple Heart medal. The applicant has not
provided any evidence which shows to our satisfaction nor are we persuaded
by his assertions that he was wounded and treated for wounds received as a
direct result of enemy action as required for award of the Purple Heart.
Therefore, in the absence of persuasive evidence that the applicant
sustained an injury meeting the criteria for award for the Purple Heart,
we find no basis upon which to recommend granting the relief sought.
_________________________________________________________________
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 AFBCMR Docket Number BC-
2001-01784 in Executive Session on 12 September 2007, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Richard K. Hartley, Member
Mr. Reginald P. Howard, Member
The following documentary evidence was considered:
Exhibit K. Record of Proceedings (ROPs) and Addendums
to the ROPs, dated 19 Dec 01, 9 Apr 02 and
22 Aug 02.
Exhibit L. Reconsideration Request, dated 20 Aug 07, w/atchs.
MICHAEL J. NOVEL
Panel Chair
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