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AF | BCMR | CY2008 | BC-2007-02985
Original file (BC-2007-02985.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02985
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His injuries occurred in a combat zone and  should  be  considered  service-
connected.

In support of his request, the applicant provided a copy of an AF Form  348,
Line of Duty Determination and a letter from the National Personnel  Records
Center.

His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 31 May 1987, applicant retired in the  grade  of  major  after  honorably
serving 20 years and 24 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states that on  31 August  2007,  the
National Personnel Record Center (NPRC) informed the  applicant  “accidental
injuries received in a combat zone are not  considered  wounds  received  in
action.  Therefore the Purple Heart could not be authorized."

On 21 June 2007, the Veterans Administration informed  applicant  “A  review
of your service medical records show on 29 August 1971, you were  riding  in
the back of a truck,  when  the  driver  made  a  turn,  you  fell  out  and
sustained injuries.”

DPSIDR reviewed the applicant’s military record for  evidence  that  he  was
injured/wounded as a direct result  of  enemy  action;  however,  they  were
unable to  locate  such  evidence.   The  applicant  was  on  assignment  in
Greenland when the accident occurred.  A review of the AF  Form  348  listed
this accident as  occurring  off-duty.   Additionally,  Section  16  -  This
injury or disease was the direct result of; enemy action, operation  against
an enemy, or instrumentality of war, the reply marked was “none of these.”

AFPC/DPSIDR’s complete evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states there are scars on the  top
of his head and a scar in the back of his head due to injuries  he  occurred
in a combat zone.

Applicant's complete submission, with attachment, is at Exhibit E.

_________________________________________________________________

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 an error or injustice.  The applicant’s  contentions  are  duly
noted; however, after thoroughly reviewing the evidence of  record,  we  are
not persuaded that the injury he incurred  meets  the  established  criteria
for award of the PH.  We found no evidence  provided  by  the  applicant  or
documentation contained in his service records to  substantiate  his  injury
was the direct result of enemy action as required for award of the PH.   The
personal sacrifices he has endured for his country are duly  noted  and  our
decision in no way is meant to diminish the high  regard  we  have  for  his
service.  However, absent documentary evidence showing his injury meets  the
criteria for award of the PH, we  find  no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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-2007-
02985 in Executive Session on 13 February 2008 and 2 April  2008  under  the
provisions of AFI 36-2603:

                 Mr. James W. Russell III, Panel Chair
                 Mr. James L. Sommer, Member
                 Ms. Barbara J. Barger, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 6 September 2007, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSIDR, dated 11 December 2007.
   Exhibit D.  Letter, SAF/MRBR, dated 4 January 2008.
   Exhibit E.  Letter, Applicant, dated 9 January 2008, w/atch.




                 JAMES W. RUSSELL III
                 Panel Chair

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