RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  10-01784
				INDEX CODE:  107.00
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

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

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APPLICANT CONTENDS THAT:

While on a flying combat mission he was temporarily blinded due to the explosion of an anti-aircraft magnesium shell.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The 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.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR states there is no evidence in the applicant's record to substantiate that the injury he received was a direct result of enemy action.

The applicant's request was forwarded to the Purple Heart Review Board (PHRB) in Mar 01.  The PHRB determined the applicant did not provide sufficient medical documentation to support being awarded the PH.  The applicant was forwarded the criteria required for award of the PH.  He was requested to provide additional information which would substantiate his receiving the PH.  The applicant did not provide any additional documentation.

Based on the information provided, DPPPR recommends denying the applicant's request.

A complete copy of the Air Force evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states there are several errors in the Air Force evaluation and he did forward the requested additional information (Exhibit E).

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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 probable error or injustice.  We noted the applicant's complete submission in judging the merits of his case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our decision that the applicant has failed to provide persuasive evidence of an injury meeting the criteria for award of the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered this application in Executive Session on 19 December 2001, under the provisions of AFI 36-2603:

				Panel Chair
				Member
				Member

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 29 May 01, w/atch.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 28 Oct 01.
	Exhibit D.	Letter, SAF/MRBR, dated 9 Nov 01.
	Exhibit E.	Applicant's Response, dated 13 Nov 01.