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AF | BCMR | CY2003 | BC-2003-02317
Original file (BC-2003-02317.doc) Auto-classification: Denied


                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02317
                       INDEX CODE:  107.00
                       COUNSEL:  VFW

                       HEARING DESIRED:  Yes

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH) for injuries he sustained in Vietnam.
_________________________________________________________________

APPLICANT CONTENDS THAT:

On 4 March 1971, he was injured while serving in  Vietnam.   He  never
received medical treatment  therefore  it  was  never  documented.   A
friend encouraged him to apply for the PH.  He and the guys he  served
with felt that the wounds were part of the job.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  served  on  active duty  in  the  Air  Force  from  21
January 1970 - 18 January 1974.  He served as a Security Policeman.

His DD Form 214 reflects he was awarded the National  Defense  Service
Medal, Vietnam Service Medal and the Air Force Good Conduct Medal.

The applicant submitted a request for award of the PH  to  the  Purple
Heart Review Board (PHRB).  The PHRB denied  his  request  on  29  May
2001, on the basis that the documentation submitted did not  meet  the
criteria for award of the PH.

A DD Form 215 was issued on 20 August 2003 to correct the  applicant’s
DD Form 214 by adding the following awards:  two Bronze Service  Stars
to the Vietnam Service Medal, the Air  Force  Outstanding  Unit  Award
with Valor, the Republic of Vietnam
Gallantry Cross with Palm and the Republic of Vietnam Campaign Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  states  the  applicant  has  not  provided  sufficient
documentation or information to show that he was injured or wounded as
a direct result of enemy action or that his  injury  received  medical
treatment.  Therefore, based on the evidence provided DPPPR recommends
the applicant’s request for award of the PH be denied.

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 it was  not
uncommon to be on your security post  and  not  see  another  security
member until you were being relieved from your post for the duty  day.
He did not seek medical attention after  the  attack  because  he  was
taught that protecting the resource was above all else.

He believes the doctor made an error when  he  annotated  his  records
showing he complained about having headaches for two years.   He  only
had headaches about 2 months after the attack  and  has  not  had  any
since time.

He is requesting this award because he was wounded on 4 March 1971  as
the result of direct enemy action.

He is proud of his service  to  his  country  and  would  not  request
something that he is not entitled to receive (Exhibit E).

The applicant’s counsel reviewed the case file on 10 October 2003, and
did not provide a response (Exhibit F).

_________________________________________________________________

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.   The  witness
statement only attests to the fact that  the  applicant  has  a  blood
stained and torn shirt and had blood stains and scrapes on his arm and
head.  It appears the witness relied on the applicant for the  details
of what happened, rather than being an eyewitness to what  caused  the
injury.  Furthermore, there is no evidence in the applicant’s  records
indicating he was injured or received medical treatment  for  injuries
incurred as a result  of  direct  enemy  action.   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-
2003-02317  in  Executive  Session  on  4  November  2003,  under  the
provisions of AFI 36-2603:

                       Ms. Charlene Bradley, Panel Chair
                       Ms. Cheryl Jacobson, Member
                       Ms. Patricia D. Vestal, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 2 Jul 03, w/atchs.
      Exhibit B. Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 20 Aug 03.
      Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
      Exhibit E. Applicant’s Response, undated.
      Exhibit F. Letter, Applicant’s Counsel, dated 10 Oct 03.




                             CHARLENE BRADLEY
                             Panel Chair

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