RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  99-03198
            INDEX CODE:  107.00

            COUNSEL:  NO

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

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

___________________________________________________________________

APPLICANT CONTENDS THAT:

On 27 January 1973, while serving on active duty  (AF  Sgt)  at  DaNang
Airfield, Republic of         , he was wounded when a  rocket  hit  his
bunker (quarters).  At approximately 0500 hours, warning sirens sounded
and shortly thereafter, one hundred and fifty five (155) enemy  rockets
hit his base.   He  heard  a  ringing  sound  followed  by  a  wave  of
concussion.  Because of the blast, he was knocked unconscious when part
of the wall and a locker hit him.   After  an  undetermined  amount  of
time, he woke to find his partner dead from the blast.

He should have received but was not issued the Purple Heart Medal.  His
injuries resulted in a medical discharge from the Air Force.

In support of his application, he provided  documents  related  to  his
separation and the events cited in his  contentions.   The  applicant’s
complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 27 Jan 73 the applicant, an enlisted member of the Regular Air Force
who was serving on active duty in the grade of sergeant in the Republic
of         , was injured when his  bunker  was  struck  with  an  enemy
rocket.  Medical records indicate that he was thrown against  the  wall
and crushed between the wall and a locker.  He remained unconscious for
an undetermined amount of time.

Shortly after the rocket attack, the applicant began  to  notice  lower
back pain and he subsequently received treatment at a  local  hospital.
One week later, as his pain continued, the applicant was air  evacuated
to  Thailand,  where  low  back  x-rays  revealed   the   evidence   of
spondylolysis of L-5, S-1.  One  month  later  the  applicant  was  air
evacuated to Kessler AFB, where the diagnosis was confirmed.

By letter dated 28 Aug 73, AFPC/DPMSAA advised the applicant  that  the
Purple Heart Review Board denied his  request  for  the  award  of  the
Purple Heart after considering his case.

On 23 Aug 74, The Secretary of the Air Force determined  the  applicant
was physically disqualified for the  performance  of  active  duty  and
directed he be separated for physical disability  with  severance  pay.
On 12 September 1974, the applicant was honorably discharged because of
physical disability.  He had served 6 years, 3 months and  25  days  on
active duty.  Records indicated he was entitled to severance pay in the
amount of $5900.40.

___________________________________________________________________

AIR FORCE EVALUATION:

The Chief, Awards  and  Decorations  Section,  AFPC/DPPPR,  recommended
denial  of  the  applicant’s  request  for  the  Purple  Heart.   After
summarizing the criteria for award of the PH Medal and facts of record,
DPPPR opined that the applicant does not meet the  basic  criteria  for
award of the PH Medal.  There is no evidence  in  his  medical  records
that he was ever injured  as  a  direct  result  of  enemy  action.   A
complete copy of the advisory opinion is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In further support of his request, the applicant submitted a letter  to
AFBCMR requesting the board take the time to  consider  his  case.   In
addition, he has  submitted  a  Hostile  Fire  Pay  document  from  the
Commander, Patient Squadron, USAF  Medical  Center,  Kessler  AFB,  MS.
(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.  Sufficient relevant evidence has been presented to demonstrate  the
existence of probable error or injustice warranting the  award  of  the
Purple Heart  medal.   After  reviewing  the  supporting  documentation
submitted, we believe it is possible that the applicant did,  in  fact,
meet the criteria for the  award  of  the  Purple  Heart  for  injuries
sustained as a direct result of enemy action.   On  27  Jan  73,  while
serving on active duty in the Republic of         , the  applicant  was
injured when his bunker was struck with a  direct  hit  from  an  enemy
rocket.  He was hurled against the  wall  by  the  concussion,  knocked
unconscious, and subsequently portions of a wall and  locker  collapsed
on him.  Shortly after the explosion, the applicant woke  to  find  his
partner dead.  He received treatment at a local  hospital  and  as  his
pain continued, he was air evacuated to Thailand, where low back x-rays
revealed the evidence of spondylclysis of L-5, S-1.  The applicant  was
air evacuated to Kessler AFB, where the diagnosis was confirmed.  After
the diagnosis confirmation, he was found  physically  disqualified  for
the performance of active duty and honorably  discharged  for  physical
disability (with severance pay).   In  view  of  the  totality  of  the
circumstances of this case, any doubt in this matter should be resolved
in his favor.  Accordingly, his records  should  be  corrected  to  the
extent below.

___________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of  the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show  that  he  was  awarded  the
Purple Heart Medal for injuries sustained as a direct result  of  enemy
action during a enemy rocket attack in the Republic of           on  27
January 1973.

___________________________________________________________________

The following members of  the  Board  considered  this  application  in
Executive Session on 2 May 2000, under the provisions of AFI 36-2603:

      Mr. Terry A. Yonkers, Panel Chair
      Mr. Charlie E. Williams, Member
      Ms. Leta L. O’Connor, Member

All  members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 7 Dec 99.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 5 Jan 00.
     Exhibit D.  Letter, DPMSAA, dated 28 Aug 73.
     Exhibit E.  Letter, Applicant, dated 20 Jan 00
     Exhibit F.  Letter, SAF/MIBR, dated 14 Jan 00.




                             Terry A. Yonkers
                                   Panel Chair





AFBCMR
1535 Command Drive
EE Wing, 3rd Floor
Andrews AFB, MD  20762-7002


Mr.


Dear Mr.

      Your application to the Air Force Board for Correction of Military
Records, AFBCMR 99-03198, has been finalized.

      The Board determined that the military records should be corrected
as set forth in the attached copy of a Memorandum for the Chief of Staff,
United States Air Force.  The office responsible for making the
correction will inform you when your records have been changed.

      After correction, the records will be reviewed to determine if you
are entitled to any monetary benefits as a result of the correction of
records.  This determination is made by the Defense Finance and
Accounting Service (DFAS-DE), Denver, Colorado, and involves the assembly
and careful checking of finance records.  It may also be necessary for
the DFAS-DE to communicate directly with you to obtain additional
information to ensure the proper settlement of your claim.   Because of
the number and complexity of claims workload, you should expect some
delay.  We assure you, however, that every effort will be made to
conclude this matter at the earliest practical date.


               Sincerely




              JOHN J. D’ORAZIO

             Chief Examiner

             Air Force Board for Correction

             of Military Records

Attachments:
1.  Record of Proceedings
2.  Copy of Directive

cc:
DFAS-DE






INDEX CODE:  107.00
AFBCMR 99-03198




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to, be corrected to show that he was awarded the Purple Heart
for injuries he received in combat on 27 January 1973.




                                  JOE G. LINEBERGER
                                  Director
                                  Air Force Review Boards Agency