RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01257
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the  Air  Force  Commendation  Medal
(AFCM).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should have been awarded  the  PH  for  injuries  he  received  while  in
Vietnam.  Also, he never received the Air Force Commendation Medal.

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

_________________________________________________________________

STATEMENT OF FACTS:

The available records indicate the applicant enlisted in the Air Force on  9
March 1965 in the grade of airman basic for a period of four years.

On 8 October 1968, the applicant was honorably discharged in  the  grade  of
airman first class under the provisions of AFM 39-10 -  Convenience  of  the
Government.  He served three years and seven months total active service.

Awards received during his enlistment are the Air Force Good  Conduct  Medal
(AFGCM), Vietnam Service Medal (VSM), the  National  Defense  Service  Medal
(NDSM), the Air Force  Outstanding  Unit  Award  (AFOUA),  and  Republic  of
Vietnam Campaign Medal (RVCM).







On 13 September  2001,  AFPC/DPPPRA  notified  the  applicant  that  he  was
entitled to the Presidential Unit Citation, and the  Air  Force  Outstanding
Unit Award with Valor and 1 Oak Leaf Cluster.  The awards are  reflected  on
the applicant’s DD Form 215 (Correction to DD Form 214).

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that on 13  June  2003,  they
notified the applicant of the criteria for award of the PH.  They  requested
that he provide additional information, which would substantiate his  claim.
 The applicant  provided  documentation;  however,  the  injuries  were  not
caused as a direct result of enemy action.  His injuries  do  not  meet  the
criteria of this prestigious award.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that he hasn’t  received
the AFCM.  Two years ago he received the Outstanding Unit Award  with  Valor
and Oak Leaf Cluster and the Presidential Award.  The record  of  these  two
awards were added to a DD Form 215 (correction to DD Form  214).   He  never
received the AFCM because he was discharged in October  1968.   He  and  his
crew were in an airplane crash on 5 May  1968  while  under  rocket  attacks
during enemy fire.

Applicant’s response, with attachments, is at Exhibit E.

The applicant submitted additional documentation, dated  10 September  2003,
with attachments, that is also 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.    Sufficient relevant evidence has been  presented  to  demonstrate  the
existence of an injustice warranting award of the AFCM.  We took  particular
note of the ---ST Combat Security Police Squadron’s Monthly Activity  Report
that indicates the applicant was recommended for the  AFCM  for  his  action
during a rocket attack on 5 May 1968 when a C-47 crashed  in  front  of  his
post, Bunker #3, and he attempted  to  rescue  the  crew  members  from  the
burning aircraft.  Due to the difficulties he encountered  while  trying  to
cross over  the  perimeter  fence  from  which  he  received  several  minor
lacerations, he did not arrive  in  time.   However,  he  did  assist  other
personnel who arrived at the scene to evacuate the injured crew members  who
managed to escape the crash.”   The  majority  of  the  Board  believes  the
evidence presented raises sufficient doubt regarding award of the  AFCM  for
the period 17 March 1968 through 5 May 1968, and that such doubt  should  be
resolved in the applicant’s favor.  In view of  the  foregoing,  and  in  an
effort to offset any possibility of an injustice, the majority believes  the
applicant should be awarded  the  Air  Force  Commendation  Medal,  for  the
period 17 March 1968 through 5 May 1968 for meritorious service.

4.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an injustice warranting award of the PH.   We  took
notice of the applicant's complete submission in judging the merits  of  the
case; however, we agree with the  opinion  and  recommendation  of  the  Air
Force and adopt their rationale as the basis for  our  conclusion  that  the
applicant has not been the victim of an error or  injustice.   According  to
the  applicant’s  medical  records,  personnel  records,  and  documentation
provided by the applicant his  injuries  were  not  sustained  as  a  direct
result of  enemy  action.   While  we  wish  to  recognize  the  applicant’s
sacrifices in defense of our nation during a time of war, we find  no  basis
upon which to recommend awarding the PH.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to  show  that  he  was  awarded  the  Air  Force
Commendation Medal, for meritorious service, for the period  17  March  1968
through 5 May 1968.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 21 August and 24 September 2003, under the provisions of AFI  36-
2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. E. David Hoard, Member








By a majority vote, the Board voted to correct  the  records  pertaining  to
AFBCMR Docket Number BC-2003-01257, as recommended.   Ms.  Vestal  voted  to
deny the application and does not desire to submit a minority  report.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 April 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 15 July 2003, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 July 2003.
   Exhibit E.  Letters, Applicant, dated 26 July and 10 September
                 2003, w/atchs.





                       PATRICIA D. VESTAL
                       Panel Chair





AFBCMR BC-2003-01257




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to  , be corrected to show that he was awarded the Air Force
Commendation Medal, for meritorious service, for the period 17 March 1968
through 5 May 1968.





            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency