RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-00632
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He received wounds to the right knee during an attack while in Vietnam. He
was supposed to be awarded the PH upon his reassignment; however, he never
received the award.
In support of his appeal, applicant submits an extract copy of his Veterans
Administration rating decision. Applicant’s complete submission, with
attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 March 1992, the applicant was relieved from active duty and retired
in the grade of technical sergeant effective 1 April 1992. Applicant was
credited with 21 years, 10 months and 3 days of service for basic pay and
21 years, 8 months and 1 day for active service for retirement.
His discharge document for the period in question reflects he was awarded
the National Defense Service Medal, Air Force Good Conduct Medal, Air Force
Longevity Service Award Ribbon, Vietnam Service Medal, Republic of Vietnam
Campaign Medal and the Air Force Outstanding Unit Award.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. DPPPR states, in part,
that they notified the applicant of the criteria for the PH and requested
he provide additional information showing he was treated for a wound or
injury resulting from enemy action. Additionally, DPPPR provided the
applicant a copy of his health record of treatment while in Vietnam (4
August 1971 - treatment for a fungus), and copies of his 25 October 1972,
and 24 February 1992, Report of Medical History and Report of Medical
Examination, neither of which reflected any indication of knee injury or
any injury incurred while he was in Vietnam.
The DPPPR evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 9 January 2004 for review and response. 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. We took notice of the applicant’s
contention that he should be awarded the Purple Heart for injuries
sustained to the right knee during an attack while in Vietnam. After a
thorough review of his submission and the supporting documentation he
provided, his Veterans Administration Rating Decision, which indicates that
during Vietnam the applicant sustained a wound due to a shell fragment,
this statement alone does not persuade us that he should be awarded the
Purple Heart Medal. Contrary to this statement in the DVA record, there is
no evidence in his military medical records of medical treatment for the
wound he alleges he sustained or that the wound was a direct result of
enemy action. While we appreciate and honor the applicant’s service to his
country, absent sufficient documentation to support his eligibility for
award of the Purple Heart, we find no 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 probable 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 AFBCMR
Docket Number 03-00632 in Executive Session on 11 March 2004, under the
provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Renee M. Collier, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Feb 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 5 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
MICHAEL K. GALLOGLY
Panel Chair
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