RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02802
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
In February 1964, while flying a T-28 in Vietnam on a combat mission, he
was shot down. His aircraft crashed and caught fire burning parts of his
body with second-degree burns.
In support of his request, applicant provided a copy of his DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge. His
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant served on active duty during the period 6 Dec 55 through 31 Mar
70. He served a tour in Vietnam during the period 20 Dec 63 through 2 Jan
65.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states that applicant's medical
records show that on 14 Jan 64 he was treated for a first-degree burn on
his right forearm as a result of an aircraft accident. The PH review board
did not review this case because no documentation has been provided to show
he incurred an injury or wound as a direct result of enemy action. The
applicant did not respond to a request to provide the necessary information
or documentation (specific date, details regarding how the injury
occurred). There is no indication he is eligible for the PH. 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 27 Nov
02 for review and comment within 30 days. 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 that would indicate he should be awarded
the Purple Heart. We took notice of the applicant's complete submission in
judging the merits of the case; however, evidence has not been presented
which would lead us to believe that his injuries were incurred as a direct
result of enemy fire. Therefore, we agree with the opinion and
recommendation of the Air Force office of primary responsibility and adopt
their rationale as the basis for our conclusion that the applicant has not
been the victim of an error or injustice. 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 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 Docket Number 02-02802 in
Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Vice Chair
Mr. James W. Russell III, Member
Mrs. Carolyn J. Watkins-Taylor, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Aug 02, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 20 Nov 02, w/atch.
Exhibit D. Letter, SAF/MRBR, dated 27 Nov 02.
THOMAS S. MARKIEWICZ
Vice Chair
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