RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03686
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

She be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

On 13 June 1998 while TDY to Europe, the applicant was involved in a vehicle accident, causing several injuries.  After the accident she was put in for the Purple Heart but Bosnia was not declared a war/combat zone yet.  The President of the United States has since declared Bosnia a war/combat zone when and where her injuries occurred.

In support of the appeal, applicant submits a Description statement, a copy of her orders, an Eyewitness Report, a copy of her medical records, a copy of a Group Leader letter, and a copy of DPPPRA letter telling applicant that she did not meet the criteria for award of the Purple Heart Medal.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant was appointed a second lieutenant, Regular Air Force, on 29 May 1996.  She was honorably released from active duty and transferred to the Air Force Reserve in the grade of captain on 28 September 2001, having served 5 years and 4 months on active duty.  Her separation document indicates she was awarded or authorized the Joint Meritorious Unit Award, the Air Force Outstanding Unit Award, the National Defense Service Medal, the Armed Force Expeditionary Medal, the Air Force Longevity Service Award Ribbon, the Air Force Training Ribbon and the NATO Medal.

In a Department of Veterans Affairs (DVA) rating decision dated 30 October 2001, the applicant was granted service-connection for the conditions “Tinnitus,” rated at 10%; “Scars on right shoulder, head, face and chin,” rated at 10%; Residuals of concussion, fractured skull, tender scar,” rated at 10%; “Headaches, residuals of concussion,” rated at 10%; “Status post fracture, bilateral pelvis, with residuals of right hip condition,” rated at 10%; “Hearing loss,” rated at 0%; and “Status post fracture, right shoulder, rated at 0%,  All of the foregoing conditions Gulf War incurred.  A combined evaluation for compensation of 40% was assigned.

The Purple Heart Review Board has already reviewed this case and informed the applicant that she is not eligible for award of the Purple Heart Medal, because her injuries were not the direct result of enemy action.

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AIR FORCE EVALUATION:

AFPC/DPPPR states that the applicant has not provided any documentation showing that the jeep in which she and another individual rolled over as a direct result of enemy action.  Whether or not Bosnia was later declared a hostile area at the time of the accident is irrelevant.  Her injuries were the result of a vehicle accident, not enemy action.  Therefore, the applicant is not eligible for award of the Purple Heart Medal.  They recommend disapproval of the applicant’s request for award of the Purple Heart Medal for injuries sustained on 13 June 1998.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states that the proof that she has submitted is that the local national swerved into them at that moment, 13 June 1998, to drive them off the road into the “Cody Crater” mine field.  Cody Crater was the area in the ZOS (Zone of Separation) between the Serb Republic and the Croatian territory (Federation) at the time, 13 June 1998.  The President of the United States declared this a war zone.  The ZOS was the separation between Serbian and Croatian territories loaded with mines (Cody Crater mine field) at the time, 13 June 1998.  That is why the local national ran them off the road at that time so that they would sustain immense injuries in the mine field/ZOS.

Applicant's response is attached at 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 timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence of record, we are not persuaded that the applicant’s records are in error or that she has been the victim of an injustice.  Her contentions are noted; however, in our opinion, the detailed comments provided by the appropriate Air Force offices adequately address those allegations.  Therefore, we agree with opinions and recommendations of the Air Force and adopt their rationale as the basis for the conclusion that the applicant has not been the victim of an error or injustice.  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 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 2 April 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 15 Nov 02, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 7 Jan 03.
	Exhibit D.	Letter, AFBCMR, dated 17 Jan 03.
	Exhibit E.	Applicant’s Response, dated 22 Jan 03.