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AF | BCMR | CY2007 | BC-2001-01784-3
Original file (BC-2001-01784-3.doc) Auto-classification: Denied

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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