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AF | BCMR | CY2001 | 0001077
Original file (0001077.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  00-01077
            INDEX NUMBER:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal for injuries sustained as  a
result of combat service.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On or about 26 Jun 1968, while traveling on an Air Force bus  crossing
the Houng River, he and other military members took a direct hit  from
an enemy round.  He states that he sustained  total  deafness  in  his
ears and a laceration on his right forearm.  After a time,  the  total
deafness became partial deafness, but the ringing still remained.

Two days later while preparing to rotate back to the States, he became
concerned about the pressurization in the aircraft, and  went  to  the
hospital to have his ears examined  for  deafness  and  ringing.   The
doctor assured him  that  the  pressurization  would  not  do  anymore
damage, and also stated that the gash in his arm would qualify him for
a Purple Heart.

In support of his appeal the applicant submitted a copy of his DD Form
214, pictures of the bridge where they were  hit,  medical  documents,
news  articles,  letters  of  certification  and  ratings   from   the
Department of Veterans Affairs Exhibit A).

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on  12  October  1965.
Prior to his discharge, he was promoted to the grade of SSgt, with  an
effective date of rank of 1 February 1969.  AF Form 7 (Airman Military
Record) reflects the applicant  served  as  an  airplane  mechanic  at
DaNang AB, Republic of Vietnam, from 10 July 1967 to 6 July 1968.

Applicant’s DD Form 214, Armed Forces of the United States  Report  of
Transfer or Discharge, issued on 11 February 1969,  reflects  that  he
was awarded the National Defense Service Medal,  Republic  of  Vietnam
Campaign Medal, Vietnam Service Medal (with two Bronze  Service  Stars
(BSS)), Air Force  Good  Conduct  Medal  and  the  Small  Arms  Expert
Marksmanship Ribbon.

On 25 May 2000,  the  Purple  Heart  Review  Board  (PHRB)  considered
applicant’s request and was not able to determine his  entitlement  to
the Purple Heart medal.  They determined that although the applicant’s
injuries occurred in the line of duty,  they  were  not  considered  a
direct result of enemy action.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.  Accordingly, there is no need to recite  these  facts  in  the
Record of Proceedings.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Recognition  Programs  Branch,  HQ  AFPC/DPPPRA,  reviewed   this
application and recommended denial.  The Purple Heart medal is awarded
to personnel for wounds received as a direct result  of  enemy  action
(i.e. gunshot or shrapnel wounds, hand-to-hand combat  wounds,  forced
aircraft  bail  out  injuries,   etc.).    A   member   must   provide
documentation to support the injury  was  a  direct  result  of  enemy
action.  It is also necessary that the  wounds  required  or  received
medical treatment by medical personnel.

They stated that the applicant had medical  documentation  stating  he
had problems with his ears with constant ringing  after  the  bombing.
However, it also says  in  the  same  document  that  the  member  was
receiving treatment for ear irritation and infection prior to the bomb
attack.  It appears the bomb concussion only enhanced the condition.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 28 Aug 2000, applicant provided  a  letter  from  a  Department  of
Veterans Affairs Doctor dated 11 Aug 2000 (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 injustice warranting award of the  Purple  Heart
medal.  After  a  thorough  review  of  the  supporting  documentation
submitted, we believe that the applicant did meet the criteria for the
award of the Purple Heart for injuries sustained as a direct result of
enemy action.  On or about 26 Jun  1968,  while  traveling  on  a  bus
crossing the Houng River  to  DaNang  AB,  Republic  of  Vietnam,  the
applicant, along with other military members, was injured as a  result
of a bomb explosion to the bridge they  were  crossing.   The  medical
records confirm that the enemy bombing did, in fact, occur and suggest
that the applicant may have sustained his injuries as a direct  result
of enemy action.  In view of the  above  and  in  recognition  of  his
service to the Nation during a period of  national  emergency  and  to
preclude  any  possibility  of  an  injustice  to  the  applicant,  we
recommend his records be corrected to the extent indicated 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 for injuries he received in action against  an  enemy  of
the United States during a bombing in the Republic of  Vietnam  on  26
June 1968.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 11 January 2001, under the provisions of AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Barbara J. White-Olson, Member
      Mr. George Franklin, Member

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

     Exhibit A.  DD Form 149, dated 10 Apr 00, w atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 8 Jun 00.
     Exhibit D.  Letter, AFBCMR, dated 23 Jun 00.
     Exhibit E.  Letter, Dr. Perry, dated 11 Aug 00.




                                   GREGORY H. PETKOFF
                                   Panel Chair


AFBCMR 00-01077




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 APPLICANT, be corrected to show that he was
awarded the Purple Heart for injuries he received in action against
an enemy of the United States during a bombing in the Republic of
Vietnam on 26 June 1968.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency

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