RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01349
            INDEX CODE 106.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for  an  injury  sustained  around
16 Aug 67 in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While in Vietnam in 1967, someone shouted “Incoming” and he dived into
a foxhole to keep from being killed from hostile fire. He injured  his
back in the process. He was transported to Tan Son Nhut AB  Dispensary
for treatment.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty from 18 Jul 50 to 31  Jan  73.  He
had a tour in Vietnam during the period 21 Oct 66 to 13 Oct 67. During
the period in question he was a master sergeant assigned to  the  XXXX
Support Squadron as an offense duty NCO at Tan Son Nhut AB, Vietnam.

The applicant’s military medical records show medical entries for  low
back pain and/or strain as  early  as  1960,  1961,  1963,  and  1965,
without evidence of trauma. There are no descriptions of a back injury
such as he described.

An entry, dated 28 Jan 60, reports a sick  call  for  acute  low  back
strain.  On 31 Mar 61, the applicant complained of low back pain after
lifting a heavy object. Rest and medication were prescribed. An entry,
dated 16 Aug 67, reported the applicant had dull,  aching  back  pain,
but physical examination was negative. Based on complaints of low back
pain while sitting and bending, the  applicant’s  spine  was  x-rayed;
impression was  normal.  Another  entry,  around  25 Aug 67,  reported
intermittent back pain; exercises were prescribed. A Report of Medical
Exam, dated 31 May 68, for assignment to flying status  remarked  that
the applicant had occasional slight back pain from lifting  sand  bags
in Apr 67 in Vietnam; symptoms were treated with  medication.  In  May
70, while he was stationed in  Thailand,  the  applicant  had  a  cyst
surgically removed with no postoperative problems or complications. In
his retirement physical on 20 Nov 72, the applicant  checked  “No”  to
the recurrent back pain item.

He retired on 1 Feb 73 in the grade of senior master sergeant with  20
years, 4 months and 29 days of active service.

An 11 Nov 76 spinal exam by civilian providers was normal.

A 26 Jun 1980 letter by a civilian orthopedist in  the  Department  of
Veterans Affairs (DVA) claim folder indicates the  applicant  “alleged
he enjoyed excellent health without any back  problems  at  all  until
1966 when he allegedly injured his low back while lifting a  sand  bag
while on active duty in the Republic of South Vietnam.” He  felt  that
when he retired from the military in 1973  he  went  from  a  military
environment requiring  no  physical  activity  to  one  that  required
physical work as a  lawn  mower  motor  mechanic.  He  then  began  to
experience an “exacerbation of back  pain  and  bilateral  thigh  pain
which as plagued  him  over  the  past  six  years.”  The  orthopedist
reported that x-rays revealed a lumbosacral spine in completely normal
limits.

In a 24 Jul 80 letter to a veteran’s  hospital,  a  civilian  physical
reports that the applicant had acute back strain in Jan 60,  low  back
pain after lifting a heavy object in Mar 61, back pain in May 63, back
pain due to lifting sand bags in Vietnam in Apr 67, intermittent  back
pain in Aug 67, and low back pain in Dec 67.

A DVA medical record dated 5 Nov 80 reports the applicant indicated he
sustained a back injury in 1966 while lifting sand bags in Vietnam.

On 10 Feb 81, the applicant was awarded a 10% rating from the DVA  for
a back condition.

A DVA special exam dated 6 Nov 84 reports the  applicant  claimed  his
low back pain problems began after he moved a lot of sand bags when he
was in Vietnam in 1966.

A DVA rating dated 4  Feb  03  reflects  a  70%  combined  rating  for
diabetes, neuropathy, and back pain (10%).

On 28 May 03, HQ AFPC/DPPPR informed the applicant his medical records
did not show a back injury as a result of enemy  action  and  that  he
injured  his  back  years  earlier.  He  was  asked  to  withdraw  his
application; however, he did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial because the applicant has not provided
any documentation or specific facts showing he was injured as a result
of enemy action and his records do not support his claim.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air  Force  evaluation  was  forwarded  to  the
applicant on 25 Jul 03 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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that he is entitled to the PH. The  applicant’s  contentions
are  duly  noted;  however,  we  do  not  find  these   uncorroborated
assertions, in and by themselves, sufficiently persuasive to  override
the available evidence of record or the rationale provided by the  Air
Force. In this regard, the applicant himself indicated to the DVA that
he had injured his back while moving sand bags  in  Vietnam  in  1973.
Further, his records reveal he experienced back pain as early as 1960.
He has supplied no evidence substantiating his claim that he sustained
a back injury as a direct result of enemy action. We  therefore  agree
with the recommendations of the Air  Force  and  adopt  the  rationale
expressed as the basis for our decision that  the  applicant  has  not
sustained his  burden  of  having  suffered  either  an  error  or  an
injustice. In view of the above and absent persuasive evidence to  the
contrary, we find no compelling basis to recommend granting the relief
sought

_________________________________________________________________

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 10 September 2003 under the provisions of AFI 36-
2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Cheryl Jacobson, Member
                 Ms. Martha Maust, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01349 was considered:

   Exhibit A.  DD Form 149, dated 9 Apr 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.





                                   THOMAS S. MARKIEWICZ
                                   Chair