RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01997
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
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 8 March 1968, his barracks was hit by a 122-millimeter rocket. The
force was so great he was thrown out of bed against his locker. Since
that time he had tinnitus (noises) in both ears. He was told by the
compound dispensary the noise would subside in time. During his
outgoing physical, it was discovered he had high frequency hearing
loss in both ears. He believes this was caused by the concussive
explosion of the rocket attack.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 30 April 1965, as
an airman basic (AB) for a period of four years.
His DD Form 214 reflects he was awarded the Republic of Vietnam
Campaign Medal (RVCM), Vietnam Service Medal with 1 Bronze Service
Star (VSM 1BSS), Small Arms Expert Marksmanship Ribbon (SAEMR),
National Defense Service Medal (NDSM), Air Force Good Conduct Medal
(AFGCM).
A DD Form 215 was issued on 28 April 2000 adding the Vietnam Service
Medal (VSM) with 1 Silver Service Star (1SSS), Air Force Outstanding
Unit Award (AFOUA) with Valor and 2 Oak Leaf Clusters (V and 2OLC),
Republic of Vietnam Gallantry Cross with Palm to the applicant’s DD
Form 214.
The applicant was honorably discharged on 9 December 1968 in the grade
of sergeant. He served three years, seven months and one day of
active duty service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR states the applicant has not provided any documents showing
he was injured as a result of enemy action. In fact, in comparing his
entrance physical and separation physical, his hearing had improved
during his time on active duty. Although, his separation physical
notes a high frequency hearing loss, his entrance physical did not
list this frequency, so there is no way to compare the high frequency
hearing loss. There is nothing in the applicant’s records to indicate
he complained or was treated for any ear complaints, nor is there any
documentation the applicant was treated on or after 8 March 1968 for
an injury or wound that incurred on this date. Based on the evidence
provided AFPC/DPPPR recommends the requested relief be denied.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states he is
unsure of how his hearing has improved from enlistment to discharge
when his discharge physical noted that he should go to the Veterans
Administration (VA) after separation for the hearing loss in both
ears. After the attack, he was treated at the hospital unit for small
blisters from the hot shrapnel and the doctor told him the noise in
his ears would clear up eventually. He was never told by a medical
doctor or audiologist that his hearing had improved between April 1965
and December 1968. He has never worked in any areas that would cause
this permanent damage to his ears.
He has tried over the years to contact people he knew at Dong Ha that
could verify the rocket attack, but time has passed and names have
been lost.
Applicant’s complete response, with attachments, is attached 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. 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. While we are not
unmindful or unappreciative of the applicant’s service to his Nation,
in the absence of the 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.
However, should the applicant provide documentation substantiating he
was injured as a direct result of enemy action, this Board would be
willing to review the materials for possible reconsideration.
_________________________________________________________________
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-
2003-01997 in Executive Session on 21 April 2004, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 9 Jun 03, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR dated 22 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 26 Mar 04.
Exhibit E. Applicant’s Response, dated 31 Mar 04.
THOMAS S. MARKIEWICZ
Chair
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