ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01997
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant's appeal for reconsideration, he requests award of the
Purple Heart (PH) medal for injuries he sustained in both ears.
_________________________________________________________________
STATEMENT OF FACTS:
A similar appeal was considered and denied by the Board on 21 Apr 04. For
an accounting of the facts and circumstances surrounding his request, and
the rationale for the earlier decision by the Board, see the Record of
Proceedings, with attachments, at Exhibit F.
In his request for reconsideration, the applicant states that the
Department of Veterans Affairs (DVA) has found information in his military
records regarding the injuries to his ears and awarded him compensation
back to the day of his discharge. His complete submission, with
attachments, is at Exhibit G.
_________________________________________________________________
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 PH. The applicant has not provided any evidence and we are
not persuaded by his assertions that he was treated for wounds received as
a direct result of enemy action, as required for award of the PH. We took
note of evidence found by the DVA indicating he was assigned to a unit that
suffered a rocket attack while he was in Vietnam and note as well the DVA's
concession this his medical condition is the result of acoustic trauma.
However, we are not bound by the DVA's concession in this matter and do not
find their determination substantial enough to convince us that his injury
satisfies the criteria for award of the PH. Therefore, in the absence of
persuasive evidence that the applicant sustained
an injury meeting the criteria for award for the PH, we find no compelling
basis to recommend granting the relief sought.
________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2003-
01997 in Executive Session on 16 May 08, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Vance E. Lineberger, Member
Mr. Wallace F. Beard, Jr., Member
The following documentary evidence was considered:
Exhibit F. Record of Proceedings, dated 11 May 07, w/atchs.
Exhibit G. DD Form 149, dated 3 Jan 08, w/atchs.
THOMAS S. MARKIEWICZ
Chair
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