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AF | BCMR | CY2007 | BC-2007-00147
Original file (BC-2007-00147.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00147
            INDEX CODE:  107
            COUNSEL:  NONE

            HEARING DESIRED: NO

MANDATORY COMPLETION DATE:  22 JULY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show  he  was  awarded  the  Purple  Heart  (PH)
medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should  be  awarded  the  PH  for  his  injuries  which  occurred  during
operations in Somalia.

In support of his request, the applicant submits a letter  of  support  from
one of his flight crew members.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 26 Jul 99, the  applicant  was  removed  from  the  Temporary  Disability
Retired List  (TDRL)  and  honorably  retired  in  the  grade  of  technical
sergeant (E-6) with a compensable percentage  of  50  percent  for  physical
disability.  He had served 21 years, 7 months and 20  days  of  active  duty
service.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit (C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial.  DPPPR states that to be  awarded  the  PH,
documentation (i.e. a detailed account, eyewitness statements,  and  medical
documentation) must be provided to show the wounds were a direct  result  of
enemy action.  DPPPR agrees the applicant’s injury was incurred in the  line
of duty while on a combat mission; however, medical report states  this  was
an aircraft accident and not a direct result of enemy action.

DPPPR  notes  the  Purple  Heart  Review  Board   (PHRB)   disapproved   the
applicant’s request on 26 Mar 07.

The complete 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  6  Apr
07 for review and comment on within 30 days.  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.   We  took  notice  of  the  applicant’s
contention that he should be  awarded  the  Purple  Heart  for  injuries  he
sustained during operations in Somalia; however, after a thorough review  of
his submission and the supporting documentation  provided,  these  documents
do not persuade us that he should be awarded the Purple Heart Medal.   There
is no evidence that the wounds he alleges he sustained were a direct  result
of enemy action.  Therefore, we agree with the  opinion  and  recommendation
of Air Force office of primary responsibility and  adopt  its  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error or injustice.   While  we  appreciate  and  honor  the  applicant’s
service to his country, in view of the above,  the  applicant’s  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 Docket  Number  BC-2007-000147
in Executive Session  in  Executive  Session  on  5  June  2007,  under  the
provisions of AFI 36-2603:


      Mr. Thomas S. Markiewicz, Chair
      Ms. Marcia Jane Bachman, Member
      Ms. Mary C. Puckett, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 10 Jan 07, w/atchs.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 28 Mar 07.
      Exhibit D.  Letter, SAF/MRBR, dated 6 Apr 07.





      THOMAS S. MARKIEWICZ
      Chair

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