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AF | BCMR | CY2001 | 0002718
Original file (0002718.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:            DOCKET NUMBER:  00-02718
                 INDEX CODE:  107.00
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to show he was awarded the  Purple  Heart  (PH)
Medal.
___________________________________________________________________

APPLICANT CONTENDS THAT:

The military records will show that a rocket attack was launched on Tan  Son
Nhut early in the morning.  He reported to the hospital at the direction  of
his  NCOIC.   The  wound  he  received  happened  during  the  attack.   The
depression in the  vortex  of  his  skull  is  the  result  of  the  injury.
Headaches and extreme sensitivity  to  hot  and  cold  surround  the  wound.
Headaches are taken care of by over-the-counter medications.   An  award  of
the Purple Heart was to be given to him at Upper Heyford  RAF  Station.   In
place of the PH he received the Air Force Commendation Medal (AFCM).

In support of his application, he submitted a personal statement (Exhibit
A).

___________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 17 Jun 63  for  a  period
of 4 years.  He served  two  overseas  short  tours  and  was  progressively
promoted to the rank of staff sergeant.  He was awarded the Vietnam  Service
Medal (VSM) with one bronze service star  (BSS),  the  Republic  of  Vietnam
Campaign Medal (RVCM), the Air Force Commendation Medal (AFCM) and  the  Air
Force Good Conduct Medal (AFGCM) with one  oak  leaf  cluster  (1OCL).   The
applicant was discharged from active duty on 16 Jun  71.   He  was  credited
with 8 years active military service.

___________________________________________________________________

AIR FORCE EVALUATION:

The Awards and Decorations Section,  AFPC/DPPPR,  reviewed  the  applicant's
case and recommended denial.  DPPPR states that there is no evidence in  the
applicant's records nor did the applicant provide any documentation that  he
had been injured and treated as a direct result  of  enemy  action  (Exhibit
C).

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air  Force  evaluation  and  indicates  that  the
letter was a total untruth  and  an  incorrect  decision.   He  submitted  a
personal statement iterating his original contentions and  a  copy  of  page
two and three of a DVA rating decision (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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of probable error or injustice.   After  thorough  review  of  the
applicant’s  submission  and  medical  records,  we  found  that  there  was
insufficient evidence to support his contention that he was  wounded  during
the rocket attack launched on Tan  Son  Nhut  in  1968.  Therefore,  in  the
absence of evidence to the contrary, we agree with the opinion  of  the  Air
Force and find no compelling basis to recommend granting the  relief  sought
in this application.

_________________________________________________________________

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 3 April 2001, under the provisions of AFI 36-2603:


      Ms. Charlene M, Bradley, Panel Chair
      Mr. Timothy Beyland, Member
      Ms. Roscoe Hinton, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Oct 00, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 9 Feb 01.
    Exhibit D.  Letter, SAF/MIBR, dated 23 Feb 01.
    Exhibit E.  Applicant’s Response, dated 22 Feb 01, w/atchs.




                                   CHARLENE M. BRADLEY
                                   Panel Chair



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