RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02808
INDEX CODE: 107.00
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXx HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
His left hand was injured when attacked by a Viet Cong wielding a machete.
His medical records reflect his injuries sustained by the attack indicate
the attacker was a Viet Cong. He is currently a disabled veteran with a
60% disability rating. He should be entitled to the Purple Heart Medal for
his service-connected wounds.
In support of his application, the applicant provides copies of his
Department of Veterans Administration (DVA) approved disability
compensation; an excerpt from his medical records dated 14 August 1968; and
his DD Form 214, Certificate of Release or Discharge From Active Duty. The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 January 1956, the applicant enlisted in the Regular Air Force at the
age of 18 for a period of four years in the rank of airman basic (E-1).
The applicant was progressively promoted to the rank of senior master
sergeant (E-8) effective and with a date of rank of 1 September 1977.
The applicant’s available military medical records indicate that, during
the period he was assigned to Binh Thuy Air Base, Vietnam (5 January 1967
through 31 March 1968), he received medical treatment on 29 July 1967 for a
laceration of the palm of the left hand stemming from an attack he
sustained on 25 July 1967 by an unknown assailant (presumed to be Viet
Cong). A clinical record, dated 14 August 1968 indicates the applicant
sustained the injury to his left hand when he reflexively raised his left
hand in defense of a machete wielded by a Viet Cong.
The applicant was honorably released from active duty on 31 July 1983 and
retired for years of service, effective 1 August 1983. He served 21 years,
6 months and 18 days on active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. It is DPPPR’s opinion that the applicant has
not provided the necessary evidence to substantiate his claim for
eligibility for the Purple Heart Medal. DPPPR states that according to the
evidence presented, the applicant was assaulted on the street on 25 July
1967 by an unknown assailant, presumed to be Viet Cong, whose damage
consisted of a laceration of the left palm, probably caused by a machete.
The applicant’s medical records do not indicate that he was wounded or
injured as a result of enemy action. Without the necessary information and
documentation to substantiate the applicant’s claim, they are not able to
verify his eligibility for award of the Purple Heart Medal. The DPPPR
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He doubts very seriously that someone who was friendly to a member of the
U.S. Armed Forces attacked him. The attack happened at night while he was
by himself. After almost 37 years, it would be extremely difficult for
him to find someone who witnessed the attack. The applicant’s rebuttal is
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. After a thorough review of the available
records, we found no evidence that the individual is eligible for the award
of the Purple Heart Medal. According to the evidence presented, the
applicant received medical treatment on 29 July 1967 for a laceration of
the palm of the left hand stemming from an attack he sustained on 25 July
1967 by an unknown assailant. The applicant did not provide any
documentary evidence to substantiate his claim that he was wounded in
action as a direct result of enemy action, or that he was recommended for,
or awarded, the Purple Heart Medal. The personal sacrifice the applicant
endured for his country is noted and the recommendation to deny the
requested relief in no way diminishes the high regard we have for his
service. Nevertheless, in view of the above, we find no basis to favorably
consider 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 this application in Executive
Session on 11 March 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Renee M. Collier, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2003-02808:
Exhibit A. DD Form 149, dated 3 Apr 03, with attachments.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/ DPPPR, dated 15 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 23 Jan 04.
Exhibit E. Applicant’s Rebuttal, dated 5 Feb 04.
MICHAEL K. GALLOGLY
Panel Chair
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