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AF | BCMR | CY1999 | 9703684
Original file (9703684.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  97-03684
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the  Purple  Heart  (PH)  for  an  injury  sustained  in
Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The injury was received due to enemy action while he was  on  duty  in
Vietnam. According to SF Form  180,  Request  Pertaining  to  Military
Records, applicant stated he was wounded by shrapnel during  a  rocket
attack on or about 4 Jun 66.

In support, he provides a statement from  a  chiropractor  who  opines
that a metal artifact in applicant’s back revealed by x-ray could be a
fragment of a military variety. Another individual  indicates  in  his
statement that he and the applicant were stationed  together  at  Bien
Hoa, South Vietnam, from 1968-1969. He cannot remember the exact date,
but believes sometime in June 1968 applicant was hit in the lower back
during a rocket attack.

Applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant  entered  active  duty  on  15  Aug  66.  According  to  his
performance reports, he was assigned as an aircraft  mechanic  to  the
12th Special Operations Squadron at Bien Hoa Air Base, Vietnam from 12
Jan 68-23 Feb 69. He was honorably released from active  duty  in  the
grade of sergeant on 14 Aug  70  and  transferred  to  the  Air  Force
Reserves.

His separation physical and his available medical military records  do
not reflect any injury sustained as a direct result of  enemy  action.
Medical records provided by the Department of Veterans  Affairs  (DVA)
indicate he had had surgery for hernia, gallbladder, and spine and has
had various  physical  and  emotional  problems.  The  individual  who
provided the supporting statement (Ex. A) provided a statement to  the
DVA; however, he does not  mention  any  enemy-action  injury  to  the
applicant.  As of 11 Feb 98, applicant has a DVA  rating  of  50%  for
service-connected generalized anxiety.  “Fragment wound  to  back”  is
included in a list of nonservice-connected conditions.

The remaining 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.   Accordingly,
there is no need to recite these facts in this Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The NCOIC, PH Review Board reviewed this appeal and states that  there
is no indication of a back injury as  the  applicant  claims  directly
resulted from his military service. DVA medical documents reflect only
information reported by the member and reflect no conclusive  evidence
of fragments to the back. On 11 Mar 97, his case was forwarded to  the
PH Review Board where it was determined that his medical documentation
did not support his claim of injury. Denial is recommended.  Therefore
denial is recommended.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 13 Jul 98 for review and comment within 30 days.   As  of
this date, no response has been received by this office.

_________________________________________________________________

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.  After a thorough review
of the evidence of record  and  applicant’s  submission,  we  are  not
persuaded that he should be awarded the  PH.  Applicant’s  contentions
are duly noted; however, we do not find these assertions,  in  and  by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. We therefore agree with the recommendations  of  the
Air Force and adopt the rationale  expressed  as  the  basis  for  our
decision that the applicant has failed to sustain his burden  that  he
has suffered either an error or an injustice. In view of the above and
absent persuasive evidence to the  contrary,  we  find  no  compelling
basis to recommend granting the relief sought.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 February 1999 under the provisions of AFI  36-
2603:

                 Ms. Patricia J. Zarodkiewicz, Panel Chair
                 Mr. William H. Anderson, Member
                 Mr. Joseph R. Roj, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 1 Dec 97, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 26 Jun 98.
   Exhibit D.  Letter, AFBCMR, dated 13 Jul 98.




                                   PATRICIA J. ZARODKIEWICZ
                                   Panel Chair

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