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AF | BCMR | CY2003 | BC-2003-01722
Original file (BC-2003-01722.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01722
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in the  right  eye  in  September  1969  while  in  the
Republic of Vietnam, during a rocket  attack.   During  that  time  he
turned down the PH Medal.

In support of his request, applicant submits a copy  of  the  Standard
Form 600, Chronological Record of Medical Care.

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 from 3 November 1966 through  2  November  1970.
His enlisted performance reports rated him for the period 1 July  1968
through 20 January 1969 as having been assigned to the  --th  Tactical
Air Support Squadron, Bien Hoa AB, Vietnam.  His report of  separation
reflects award of the Republic  of  Vietnam,  Vietnam  Service  Medal,
National Defense  Service  Medal,  Good  Conduct  and  the  Air  Force
Commendation Medal.

On 16 September  2003,  the  applicant’s  records  were  corrected  to
reflect the award of  the  Vietnam  Service  Medal  with  four  bronze
service  stars,  the  Presidential  Unit  Citation,  the   Air   Force
Outstanding Unit Award with “V”, and the Republic of Vietnam Gallantry
Cross with Palm.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    The
applicant has not provided any documentation to show he was injured as
a direct result of enemy action.  The medical report only  shows  that
the applicant went to the emergency room on 1 September 1969,  stating
that a piece of glass hit his right eye.  There  is  nothing  to  show
that it was a result of enemy action  or  an  accident.   He  has  not
provided any statements from an eyewitness to corroborate  his  claim,
or provided any details as to how the injury  occurred.   Without  the
necessary documents and information, his eligibility for award of  the
PH cannot be verified.

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
26 Sep 03 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.  There
was no evidence presented, other than his own assertions, which  would
lead us to believe that  he  was  medically  treated  for  any  wounds
incurred as a direct result of enemy fire.  We are  not  unmindful  or
unappreciative of  his  service  to  his  Nation.   Should  he  secure
supporting documentation or a notarized account from an individual who
eye   witnessed   his   injuries,   we    would    be    willing    to
reconsider    his    application.     The    two    web    sites    at
www.afpc.randolph.af.mil/awards/ and  www.au.af.mil/au/afhra/  may  be
useful to help  secure  evidence  to  support  his  case.   Otherwise,
without persuasive evidence that he was wounded as a direct result  of
enemy action,  we  find  no  compelling  basis  to  warrant  favorable
consideration of his 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-
01722 in Executive Session on 6 November 2003, under the provisions of
AFI 36-2603:

                 Ms. Marilyn Thomas, Vice Chair
                 Mr. Roscoe Hinton, Member
                 Mr. J. Dean Yount, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 12 May 02, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 15 Sep 03, w/atchs.
      Exhibit D. Letter, SAF/MRBR, dated 26 Sep 03.







      MARILYN THOMAS
      Vice Chair




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