RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: 02-02409

            COUNSEL:  NONE

            HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the PH based on wounds  he  received  as  a  result  of
enemy action in Vietnam.

The applicant states that during an early morning mortar  attack  at  Pleiku
Airbase, Republic of South Vietnam, on 14 January 1969,  he  was  struck  in
the back of the head by an unidentified object, shrapnel or debris  from  an
explosion, while attempting  to  get  to  a  bomb  shelter.   Following  the
attack, he cleaned up the wound and  returned  to  his  quarters.   However,
constant headaches and trouble with vision forced him  to  later  report  to
the hospital.  It was brought to his attention at that  time,  that  he  was
entitled to the PH, but being a 20-year-old and in the first months  of  his
tour in Vietnam, he felt there were men paying a much higher price  for  the
PH, and declined to seek one.  He now finds that having a PH in  his  record
would be advantageous to him at  this  point  in  his  life,  and  with  his
connection to the Department of Veterans Affairs (DVA).

In support of the appeal, the applicant submits a Clinical Record,  SF  Form
513, dated 21 January 1969, regarding treatment for  headaches  after  being
struck on the back of the head, a  Radiographic  Report,  dated  22  January
1969, concerning examination of his skull  and  spine,  and  his  separation
physical.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 21 April 1966, for  a  period  of
four years.

On 18 December 1968, he was assigned to the 633rd Combat Support  Group,  at
Pleiku AB, RVN, as a Data Machine Operator.

A  Clinical  Record  entry,  dated  21  January  1969,  indicates  that  the
applicant was seen for headaches for a duration of seven  days;  was  struck
in the back of the head seven days earlier;  and  that  the  headaches  were
similar to headaches he had had for the last year.

From 3 March 1969 through 3 November 1969,  he  was  assigned  to  the  14th
Combat Support Group, at Nha Trang AB, RVN, as an APRDAT Processing  Machine
Operator.

On 3 November 1969, he was released from active duty and transferred to  the
Air Force Reserve.  He completed 3 years, 6 months, and 13  days  of  active
service.

On 20 April 1972, he was relieved from assignment and  honorably  discharged
from the Air Force Reserve.

The PH is awarded 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.) that required  or  received  treatment  by
medical personnel.

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AIR FORCE EVALUATION:

AFPC/DPPPR, recommends the application be  denied,  and   states,  in  part,
that the applicant has not provided any documentation  to  substantiate  his
claim that he was wounded as a direct result of  enemy  action  or  that  he
received medical treatment for the injury.  There are no medical records  in
his folder from the National  Personnel  Records  Center  (NPRC),  and  none
available from the DVA.  Therefore, the only medical records  available  are
the few pages he provided.  However, the records he did  provide  show  that
he had a history of being seen for headaches, as a result of his job  as  an
IBM keypunch  operator,  and  that  he  was  given  Darvon  compound,  which
provided him relief.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The  applicant  states  that  the  medical  evidence   provided   with   his
application indicates that the attending physician at Pleiku AB, RSVN  noted
that he was struck in the back of the head, and it was evident  to  him  one
week later.  He was the one that compared the pain to a headache because  it
was as close as he could come to describing  the  persistent  pain.   During
the mortar attack in which he was injured, five servicemen were killed.   At
the time, considering how minor his wounds were compared  to  those  killed,
he did not seek attention.  However, the persistent pain caused him to  have
to go back a week later.  He considers having a mortar explode not  40  feet
away, knocking him senseless, the direct result of an enemy  action.   While
the evaluation states that there are no medical documentation  in  his  NPRC
records, the medical documentation  he  has  provided  came  from  his  NPRC
records.  He is not seeking anything that he is not  entitled  to.   He  was
injured  during  an  enemy  mortar  attack,  did  bleed,  did  seek  medical
attention, and does merit award of the PH.

The applicant’s complete response is at Exhibit E.

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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 error or injustice.  After thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or  injustice.   The  personal  sacrifice
the applicant endured for his country is noted and our decision  in  no  way
diminishes the high regard we have for his  service;  however,  insufficient
documentary evidence has been presented to warrant awarding him  the  Purple
Heart.  While the Clinical Record, dated  22  January  1969,  indicates  the
applicant was stuck on the back of the head, it does not state that  he  was
injured as a direct result of enemy action.  Therefore, in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of 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.

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The following members of the Board  considered  Docket  Number  02-02409  in
Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

                       Mr. David W. Mulgrew, Panel Chair
                       Mr. Laurence M. Groner, Member
                       Mr. Mike Novel, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 20 Aug 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
    Exhibit E.  Letter, Applicant, dated 28 Aug 02.




                                   DAVID W. MULGREW
                                   Panel Chair