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AF | BCMR | CY2008 | BC-2007-03400
Original file (BC-2007-03400.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03400
            INDEX CODE:  107.00
            COUNSEL:  The American Legion

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

Information regarding treatment for injuries he sustained from 1972  through
1974 was not recorded in his medical records.  He was not aware that a  non-
combat veteran was eligible for the PH award.

In support of  his  application,  he  submits  documents  from  his  medical
service records and his DD Form 214, Report of Separation from Active Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 28 Aug 77, the applicant was honorably discharged  from  active  duty  in
the grade of sergeant.  He was credited with 8 years, 5 months and  24  days
of active duty service to include 3 years and 1 month of foreign service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends denial.  DPSIDR states to be  awarded  the  PH,  a
member must provide documentation to support he  was  wounded  as  a  direct
result of enemy action and must have received medical treatment  by  medical
personnel.  Indirect injuries do not meet PH criteria.  DPSIDR  states  they
were unable  to  locate  medical  documentation  of  treatment  in  a  field
hospital of injuries sustained as a direct result of enemy action.

The complete DPSIDR 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  8  Feb
08 for review and comment.  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.  After a thorough review of his  submission
we are not persuaded that the applicant should be awarded the  Purple  Heart
Medal.  There is no corroborating evidence, medical or otherwise,  that  the
injuries he alleges he sustained were  a  direct  result  of  enemy  action.
Therefore, we agree with the opinion and recommendation  of  the  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.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not favorably considered.

_________________________________________________________________

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 this application in  Executive
Session on 1 Apr 08, under the provisions of AFI 36-2603:

               Mr. John B. Hennessey, Panel Chair
               Mr. James A. Wolffe, Member
               Ms. Judith B. Oliva, Member

The following documentary evidence was considered in AFBCMR BC-2007-03400:

    Exhibit A.  DD Form 149, dated 01 Oct 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 18 Jan 08.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Feb 08.




                                   JOHN B. HENNESSEY
                                   Panel Chair

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