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AF | BCMR | CY2004 | BC-2003-02808
Original file (BC-2003-02808.DOC) Auto-classification: Denied

                            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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