RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: 02-00946
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received the PH for  the  injuries  he  received  while  in
Vietnam.

In support of his appeal, the applicant provides a personal statement with
an account of events that lead to his injury, a  copy  of  AF  Form  1185,
Statement of Record Data,  a  copy  of  the  summary  statement  from  the
Physical Evaluation Board, a copy of his retirement order placing his name
on the Temporary Disability Retired List (TDRL), documents associated with
his TDRL processing, a copy of AF Form 356, Proceedings  and  Findings  of
USAF Physical  Evaluation  Board  (PEB),  documents  associated  with  the
Physical Evaluation Board and copies of his service record.

The applicant’s complete submission, with attachments, is at Exhibit A.

__________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 10 July 1969 and was  progressively
promoted to the grade of airman first class,  having  assumed  that  grade
effective and with a date of rank of 1 February 1970.  On 15 January 1971,
his name was placed on the TDRL because of  physical  disability.  He  had
completed  1  year,  6  months  and  5 days  of  active   service.    Upon
reevaluation, on 14 June 1972, the PEB found the  applicant  fit  for  the
performance of active duty and recommended he be removed  from  the  TDRL.
Effective 17 July 1972, he was removed from the TDRL  and  transferred  to
the Air Force Reserve for completion of military service obligation in the
grade of sergeant effective with the date of transfer  and  with  date  of
rank of 1 November 1971.  Effective 15  January  1973,  he  was  honorably
discharged from the Air  Force  Reserve  due  to  expiration  of  term  of
obligated service.

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 at Exhibits C.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that it was
highly unlikely the hijackers were men from the VietCong  or  Republic  of
Vietnam soldiers.  As a result, these men were not  considered  the  enemy
and in order to qualify for the Purple Heart, the injuries would have  had
to occur as a direct result of enemy  action,  states  DPPPR.   Since  the
applicant cannot verify his injuries meet these criteria, DPPPR recommends
disapproval of his request.

The DPPPR evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  17
May 2002 for review and response.   As  of  this  date,  this  office  has
received no response.

__________________________________________________________________

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 error or injustice.  After reviewing  the  evidence  provided
for our review, there is no question that the applicant was wounded by  an
instrumentality of war incurred in  the  line  of  duty.   We  note  that,
according to AR 600-8-22, The Purple Heart, “It is not intended that  such
a strict interpretation of the requirement for the wound or injury  to  be
caused by direct result of hostile action be taken that it would  preclude
the award be made to deserving personnel.”  We believe that the  applicant
is such a deserving  person.   While  his  assailants  were  probably  not
members or agents of the Vietcong or Republic  of  Vietnam  soldiers,  the
evidence of record is inconclusive on this matter.   In  any  event,  they
were certainly acting in a manner consistent with enemy  goals.   We  also
note that in November 1993, the law governing the Purple Heart was amended
to provide for “friendly fire” incidents (so long as  the  projective  was
directed at the enemy.)  In this  case,  there  was  definitely  “hostile”
fire.  At the time the applicant was injured, he was serving in a war zone
during a time of war and was probably shot by American soldiers engaged in
criminal activity.  We believe that the above-cited provision of AR 600-8-
22(b)(6) provides the leeway to award  the  Purple  Heart  Medal  to  this
applicant.  In consideration of the foregoing, it is our opinion that  any
doubt concerning his entitlement to the Purple Heart should be resolved in
the applicant’s  favor  and  that  his  records  should  be  corrected  as
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
Medal for injuries he received at the hands of enemies of the United  States
on 30 September 1970 while servicing a C-141 aircraft at Bien Hoa AFB, RVN.

__________________________________________________________________

The  following  members  of  the  Board  considered  this  application  in
Executive Session on 10 July 2002, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton, Jr, Panel Chair
      Mr. Clarence D. Long, III, Member
      Ms. Ann-Cecile McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPPR, dated 9 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.




                                   ROSCOE HINTON, JR
                                   Panel Chair



AFBCMR 02-00946




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 Medal for injuries he received at the hands of enemies of the
United States on 30 September 1970 while servicing a C-141 aircraft at Bien
Hoa AFB, RVN.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency