ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03560
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
RESUME OF CASE:
On 22 September 1998, the Board considered applicant’s request that he be
awarded the Air Force Training Ribbon (AFTR) and Vietnam Service Medal
(VSM). The Board noted that applicant’s DD Form 214 erroneously indicated
that he was awarded the Air Force Training Vietnam Service Medal. The
Board further noted, that while applicant was entitled to the AFTR, he was
not eligible for the VSM since he had not served in Southeast Asia. A
complete copy of the Record of Proceedings is attached at Exhibits A
through E.
In a letter, dated 12 February 1999, the applicant provided a copy of his
performance report rendered while he was assigned to Thailand and requested
reconsideration of his appeal (Exhibit F). However, on 3 March 1999, the
applicant was notified that his request did not meet the criteria for
reconsideration by the Board (Exhibit G).
In an undated letter, the applicant provided copies of his orders assigning
him to Thailand and requests reconsideration of his appeal. In addition,
the applicant amended his request to include awarding him the Purple Heart
(PH). The applicant’s complete submission, with attachments, is at Exhibit
H.
The PH is awarded for wounds received as a direct result of enemy actions
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.). A recent change now extends the
eligibility for award of the PH to former prisoners of war (POW) that were
held prior to 25 April 1962 and suffered wounds or injuries at the hands of
their captors. In addition, it is necessary that the wound have required
or received treatment by medical personnel. Indirect injuries do not meet
the criteria for award of the PH. These include, but are not limited to,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft bombings, grenades, and injuries incurred while serving as an
aircrew member or in a passenger status as a result of the aircraft's
evasive measures against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
The Chief, Awards and Decorations Section, AFPC/DPPPR, reviewed the
application and states that applicant has not provided any documentation to
substantiate any of his claims. He is not eligible for the VSM or the PH.
Therefore, they recommend denial of his requests.
A complete copy of the Air Force evaluation is attached at Exhibit I.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant for review
and response within 30 days. As of this date, no response has been
received by this office.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice. After thoroughly reviewing the
evidence of record and noting the additional documentation, we find
insufficient evidence to substantiate that the applicant was assigned TDY
for 30 consecutive, or 60 nonconsecutive days, in support of the Vietnam
conflict in Vietnam, Thailand, Laos and Cambodia during the period 4 July
1965 through 28 March 1973. To the contrary, the additional documentation
indicates that he was not assigned to Thailand until 1975. The applicant
also seeks award of the PH based on injuries incurred while on duty in
Thailand in 1975, leading to an appendectomy. However, we find no evidence
that his injuries were received as a direct result of enemy action. The
personal sacrifice the applicant has endured for his country is noted and
our decision should in no way lessen his service; however, insufficient
documentary evidence has been presented to warrant awarding him the PH and
VSM. Therefore, in the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the additional 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 8 March 2001, under the provisions of AFI 36-2603:
Mr. David W. Mulgrew, Panel Chair
Mr. Patrick R. Wheeler, Member
Mrs. Margaret A. Zook, Member
The following documentary evidence was considered:
Exhibits A - E. Record of Proceedings, dated 5 Feb 99,
w/atchs.
Exhibit F. Letter, Applicant, dated 12 Feb 99, w/atch.
Exhibit G. Letter, AFBCMR, dated 3 Mar 99.
Exhibit H. Letter, Applicant, undated, w/atchs.
Exhibit I. Letter, AFPC/DPPPR, 27 Jul 00.
Exhibit J. Letter, AFBCMR, dated 18 Aug 00.
DAVID W. MULGREW
Panel Chair
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