RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2002-03243
                       INDEX CODE:  107.00
      APPLICANT  COUNSEL:  None

      SSN        HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The rocket attack on 3 October 1971 caused an 85-pound speaker to fall
and hit him in the head.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records  have  apparently  been  charged  out  to  the
Department of Veteran’s Affairs (DVA) and, despite  repeated  requests
to them and the applicant, they remain unavailable.

The available records indicate the applicant entered the  Regular  Air
Force on 17 July 1968 for a period of four (4) years.   The  applicant
was voluntarily retired on 1 September 1989 after serving 21 years,  1
month and 14 days of active service.

According to a 4 October 1971 medical entry submitted by the applicant
at Exhibit A, stereo speakers fell off a shelf and hit the   applicant
on  the head  while  he was  sleeping  at 0200 on 3  October  1971  at
Cam Ranh Bay, Republic of Viet Nam (RVN).  The diagnosis was  cerebral
concussion.  The entry does not specify how or why the speakers fell.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states the primary criteria for award of the PH is  that
the individual be injured or wounded  as  a  direct  result  of  enemy
action and that the wound required or received  medical  treatment  by
medical personnel.  Indirect injuries do not, meet  the  criteria  for
award of the PH.  Indirect injuries include but are  not  limited  to,
disease, exposure, injuries received while seeking shelter from mortar
or rocket attacks, aircraft bombings, grenades, and injuries  incurred
while serving as an aircraft member or in  a  passenger  status  as  a
result of the aircraft’s evasive measures against hostile fire.

The applicant’s request was  forwarded  to  the  Purple  Review  Board
(PHRB) on 29 April 2003.  The PHRB determined the  applicant  did  not
have sufficient documentation in  support  of  the  PH.   The  medical
documentation  the  applicant  provided  stated  he  was  accidentally
injured when a speaker  fell  off  a  shelf  onto  him  while  he  was
sleeping.  The applicant’s request does  not  meet  the  criteria  for
award of the PH.

The PHRB has the authority, on behalf of  the  Secretary  of  the  Air
Force, to determine a veteran’s entitlement to the PH.   Each  request
is considered on the policies and criteria in  use  at  the  time  the
veteran was  injured,  and  the  determination  is  dependent  on  the
documentary evidence presented.

The applicant’s request for award of the PH does not  meet  the  basic
criteria for the medal.  There  is  no  evidence  in  the  applicant’s
record indicating he had been injured as a  result  of  enemy  action.
Based on  the  information  provided,  DPPPR  recommends  denying  the
requested relief.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he provided
a copy of all correspondence related to his request for award  of  the
PH.  However, on 19 May 2003, he discovered his commander’s letter  of
confirmation was not part of the package  reviewed  by  SAF/MRBR.   He
requests that we contact his commander for confirmation.

He started this process after speaking  with  L.  F.,  Commander,  and
Chapter 1966 Military Order of the Purple Heart.  L. F.
encouraged him  to  apply  based  on  the  information  the  applicant
provided him.  L. F. specifically told him he was entitled to  the  PH
because his injury was incurred as a direct result of enemy action.

His medical records do not state his injury was related  to  a  mortar
attack; however, it does show the time as 0200 hours and that  he  was
admitted to the hospital due to a concussion.  The applicant asks  who
could ever make up a story and actually admit that  a  stereo  speaker
fell on his head due to the proximity of this mortar  landing  outside
the hooch.

The applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

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.   We  took   note   of   the
documentation the  applicant  provided  in  support  of  his  request.
However, this information does not substantiate the applicant  had  an
injury that met the criteria for award of the PH.  While  we  are  not
unmindful or unappreciative of the applicant’s service to his  Nation,
in the absence of evidence substantiating the applicant was injured as
a direct result of enemy  action,  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 AFBCMR Docket Number BC-
2002-03243 in Executive Session on 26 June 2003 under  the  provisions
of AFI 36-2603:

              Mr. Joseph A. Roj, Panel Chair
              Mr. Roscoe Hinton, Jr., Member
              Mr. William H. Anderson, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 3 Oct 02, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 5 May 03.
      Exhibit D. Letter, SAF/MRBR, dated 9 May 03.
      Exhibit E. Letter, Applicant’s Rebuttal dated 21 May 03,
                       w/atch.




                             JOSEPH A. ROJ
                             Panel Chair