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AF | BCMR | CY2003 | BC-2003-00244
Original file (BC-2003-00244.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-00244

            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He injured his left leg and back on 24 May 1969  while  attempting  to
land a badly damaged AC-130 gunship aircraft.  Immediately  after  the
airplane crashed landed, he was  ordered  by  the  Wing  Commander  to
complete a report so his wounds  were  not  immediately  treated.   He
states that the eight members of  his  crew  who  bailed  out  of  the
aircraft, and two members who lost their lives, were  awarded  the  PH
immediately following the mission.  It is impossible for him to  prove
that he received medical attention for his wounds because the  medical
facility at the Ubon Royal Thailand Air Base was a dispensary and  not
a hospital.

In support of his request, applicant submits a personal statement, two
copies of his Department of Veteran Affairs (DVA) disability award,  a
copy of the 13th Air Force well done award, a copy of excerpts of  the
24 May 1969 mission, “Apollo’s Warriors -  United  States  AF  Special
Operation during the Cold War”, a copy of his personal account of  his
tour in South East Asia, and a copy of his Distinguished Flying  Cross
citation.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty as a commissioned officer from 15 September 1950
through 30 June 1972 and retired in the grade of Colonel.   He  served
in Thailand from 29 October 1968 through 29 October 1969.  His  report
of separation reflects award of the Bronze Star, Distinguished  Flying
Cross with 5 Oak Leaf Clusters, Air Medal with 11 Oak  Leaf  Clusters,
Combat Readiness Medal, Republic  of  Vietnam  Campaign  Medal,  Armed
Forces Expeditionary Medal with (2BSS), National Defense Service Medal
with (1BSS), Vietnam Service Medal with (1BSS), Armed  Forces  Reserve
Medal and the Korean Service Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    His
original application was returned without action and a copy of the  PH
criteria sheet, informing him that  he  had  not  provided  sufficient
documentation or information to process his application.  He has  only
provided documentation showing that the DVA awarded him 60% disability
for his back problems.  Since the applicant did not provide sufficient
documentation or information to substantiate his claim, his  case  was
not presented to the Purple Heart Review Board.

The DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
16 May 2003 for review and comment within 30 days.  As of  this  date,
no response has been received by this office.

_________________________________________________________________

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
applicant’s submission and the available evidence of  record,  we  are
not persuaded that he  should  be  awarded  the  Purple  Heart  Medal.
Should the applicant secure documentation in support of his  assertion
in the form of statements of possible witnesses to  the  events  under
review; or, evidence from his medical records  or  from  the  Veterans
Administration indicating the presence of wounds or scars, which could
have been the result of injuries he indicates he suffered,  the  Board
would reconsider his application.   While  we  are  not  unmindful  or
unappreciative of the  applicant’s  service  to  the  nation,  in  the
absence of evidence to support that he was  wounded  as  a  result  of
enemy action, we agree with the opinion of the Air Force and  find  no
compelling  basis  to  warrant   favorable   consideration   of   this
application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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  no   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
00244 in Executive Session on 1 July 2003, under the provisions of AFI
36-2603:

                 Ms. Brenda L. Romine, Panel Chair
                 Ms. Marilyn Thomas, Member
                 Mr. Grover L. Dunn, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 25 Mar 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit B. Letter, AFPC/DPPPR, dated 7 May 03, w/atchs.
      Exhibit C. Letter, SAF/MRBR, dated 16 May 03.







      BRENDA L. ROMINE
      Panel Chair


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