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AF | BCMR | CY2003 | BC-2002-02527
Original file (BC-2002-02527.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-02527
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXXX               COUNSEL: YES

      XXXXXXXXXXXXXX                    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart and Bronze Star Medals.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He refused the Purple Heart and Bronze Star Medals  in  May  1967  after  he
felt his Captain was making a joke out of these service awards.

In  support   of   his   application,   he   provides   three   letters   of
appreciation/favorable communication; a copy of his  citation  for  the  Air
Force Commendation Medal (AFCM); a copy of his citation for AFCM  first  oak
leaf cluster (1OLC); and a copy of VA Form 21-22, Appointment as  Claimant’s
Representative  with  a  transmittal  letter.   The   applicant’s   complete
submission with attachments is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his initial enlistment in the Regular Air Force  on
7 February 1961 for a period of four years.  He was  progressively  promoted
to the grade of Airman First Class (E-4).  He was honorably discharged on  6
February 1965.  The applicant’s DD Form 214,  Armed  Forces  of  The  United
States Report of Transfer or Discharge, reflects the applicant  was  awarded
an Air Force Good Conduct Medal (AFGCM)  for  the  period  7  February  1961
through 6 February 1964.

On 7 February 1965, the applicant reenlisted in the Regular Air Force for  a
term of four  years.   He  served  an  overseas  tour  in  Vietnam  from  12
September 1966 through 4 September 1967.   The  applicant  was  promoted  to
Staff Sergeant on 21 June 1966 with an effective date of 1  June  1966.   He
was honorably discharged on 6 February 1969, having served  eight  years  on
active duty.  His DD Form 214 for his second term of  active  duty  reflects
the applicant was awarded the Air Force Good Conduct Medal (AFGCM) 1OLC  for
period 7 February 1964 through 6 February 1967; the Air  Force  Commendation
Medal (AFCM), 17 January 1967; and the Republic of  Vietnam  Campaign  Medal
(RVCM).

A DD Form 215, Correction to DD Form 214,  was  accomplished  on  5 November
2002 to correct the applicant’s records  for  the  following  awards:   AFCM
w/1OLC, National Defense Service Medal, Republic of Vietnam Campaign  Medal,
Vietnam Service Medal with two Bronze Service Stars, Air Force Good  Conduct
Medal with 1OLC, Presidential Unit Citation, NCO PME  Graduate  Ribbon,  Air
Force Longevity Service Award with 1OLC, and Republic of  Vietnam  Gallantry
Cross with Palm.
_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR reviewed the applicant’s case file  and  recommends  disapproval.
DPPPR stated that  the  applicant  did  not  provide  any  documentation  to
substantiate his claim.  There is no indication in his records that  he  was
wounded in action as a direct  result  of  enemy  action,  or  that  he  was
recommended for, or awarded, the Purple Heart Medal or  Bronze  Star  Medal.
He has not provided any information or documentation regarding  having  been
wounded or injured while stationed in  Vietnam,  nor  has  he  provided  any
medical records showing he was wounded as a direct result of  enemy  action.


On 20 August  2002,  DPPPRA  sent  a  letter  to  the  applicant  requesting
supporting documentation for the Purple Heart Medal and Bronze  Star  Medal;
however, as of this date, the applicant has not responded.

The DPPPR evaluation with attachments is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  15
November 2002 for review and response (Exhibit D).  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.  Insufficient relevant evidence has been  presented  to  demonstrate  the
existence of error or injustice.  After a thorough review of  the  available
records, we found no evidence that the individual is eligible for the  award
of the Purple Heart or Bronze Star Medals.  The applicant  did  not  provide
any documentary evidence to substantiate his claim.  There is no  indication
in his records that he was wounded in action as a  direct  result  of  enemy
action, or that he was recommended for, or awarded, the Purple  Heart  Medal
or Bronze Star Medal.  There  is  no  evidence  showing  the  applicant  was
treated unfairly or unjustly, therefore, we  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 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 5 February 2003, under the provisions of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Mr. Thomas J. Topolski Jr., Member
      Mr. Steven A. Shaw, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket No. 02-02527:

      Exhibit A.  DD Form 149, dated 15 May 02, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 29 Oct 02.





                                                   ROSCOE HINTON JR.
                                                   Panel Chair

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