RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02901
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

While serving in the Republic of Vietnam  he  was  wounded  by  flying
shrapnel, when the facility he was sleeping came under mortar attack.

In  support  of  his  request,  applicant   submits   three   personal
statements, a copy of Department of Veterans Affairs  (DVA)  Form  21-
4138, Statement in Support of Claim, a copy of  a  newspaper  clip,  a
copy of a from his doctor, a copy of his VA Rating, and a  copy  of  a
Letter of Support from his wife.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  the  applicant
served on active duty from 15 Sep 1961 through 4 January 1966.  On  11
August 1964, the applicant volunteered for duty in  Vietnam.   He  was
assigned to the 11th Air Postal Squadron, Det 1, from  7 October  1964
to 30 December 1965.  His report of separation reflects award  of  the
Republic of  Vietnam,  Vietnam  Service  Medal,  Air  Force  Longevity
Service Award, Air Force Outstanding Unit Award, Good  Conduct  Medal,
Expeditionary Medal and the Air Force Commendation Medal.

In  July  2001,  his  request  for  the  PH  was   processed   through
congressional channels and disapproved  by  the  Purple  Heart  Review
Board  (PHRB),  who  determined  that  the  applicant  did  not   have
sufficient medical documentation evidence to approve the PH.   He  was
advised to appeal to the Air Force Board for Correction of
Military Records (AFBCMR), once he could  provide  sufficient  medical
documentation to support his claim.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  the  applicant's  request  be  denied.    The
applicant has not provided any documentation to meet the criteria  for
award of the PH Medal.  There is no  entry  or  injury  found  in  his
military medical records and Item 27  of  his  Report  of  Separation,
wounds received in action, reflect none.  His service medical  records
were provided as part of his VA  medical  records,  and  there  is  no
indication in his medical  records  of  him  having  been  treated  in
Vietnam.  Without the  basic  information  and  documentation  proving
injury, his eligibility for award of the PH cannot be verified.

The DPPPR evaluation, with attachments, is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that all facts were not considered.  He’s sure he
was not the only person  stationed  at  an  outpost  with  no  medical
facilities or did not have complete medical records.  He has  provided
documentation that proves he was injured while in a  combat  zone  but
was  inadvertently  not  recorded  because  there  were   no   medical
facilities.  He was the only Air Force person in the area  for  almost
the entire year he served in Vietnam.  He will provide the Board  with
additional  information  if  he  is  able,  but   believes   the   DVA
documentation is sufficient.  He  does  not  believe  that  the  Board
thinks that wartime medical records were infallible  and  a  discharge
physical during that time of war was not complete.

He is a disabled veteran treated for scaring, hearing loss and chronic
neuropathy, all as a result of wounds he received  while  in  Vietnam.
This was proven and documented for the Department of Veterans  Affairs
(DVA), and is the reason disability compensation was granted.

When he was wounded he was on a journey to a remote outpost and got  a
helicopter ride back to an Army airfield in a small town called  Long-
Xuin.  During the night he and others came under mortar attack  and  a
mortar hit the building he was in and he received wounds  from  flying
shrapnel, wood, glass and other debris.  There was only minimal  first
aid capability and his wounds were not life threatening.   A  corpsman
cleaned him up, bandaged his wounds and topically dressed his  wounds.
The next day, he returned to base and reported to  the  air  facility,
where he was  issued  new  bandages,  some  additional  treatment  and
topical antibiotics and resumed his duties.  He has never  seen  where
the Army and the Air Force communicated well enough to  transfer  this
documentation if any ever existed.  He knows that the story is in  the
Library of Congress and that he received a  certificate  for  relating
the specifics to a congressional representative.  When he left the Air
Force, he was mustered out and the  emphasis  was  to  get  people  to
Vietnam and processing of the people coming back was cursory at  best.
Fortunately his  mother’s  doctor  had  notes  in  his  archives  that
documented that when he returned from military service,  he  had  over
1,000 scars on his  face,  left  side,  legs  and  chest  from  wounds
received in this incident.

He provided contact information on  an  individual  who  he  says  and
states that he does not know if this  individual  can  attest  to  his
claims, but he can  verify  the  conditions  of  the  assignment,  his
duties, and the lack  of  medical  care  facilities.   His  wife  also
verified, that she saw these scars when he returned.

His complete submission, with attachments, 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of  an  injustice.   After  a  thorough  review  of  the
applicant’s submission, we are persuaded by the applicant's  assertion
concerning his alleged injury and the corroboration by  his  physician
that he noted these wounds during an examination after  the  applicant
returned from serving in Vietnam.  His wife  and  his  physician  also
noted that these scars were not present on the applicant’s body  prior
to him serving in  the  military.   The  absence  of  any  information
pertaining to the asserted wounds from the  existing  records  is  not
surprising considering the member served in isolated  outposts  during
his tour in Vietnam,  which  may  have  deprived  him  of  appropriate
medical care and prevented the proper  documentation  of  his  medical
records.  In view of the foregoing and in recognition of  his  service
to the Nation, it  is  our  opinion  that  any  doubt  concerning  the
applicant’s entitlement to the PH should be resolved in his favor  and
that his records should be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of  the  Air  Force
relating to                 , be  corrected  to  show  that  he  was
awarded the Purple  Heart  on  20 December  1965,  for  injuries  he
received in action against an enemy of  the  United  States  in  the
Republic of Vietnam.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2003-
02901 in Executive Session on 2 March 2004, under  the  provisions  of
AFI 36-2603:

                 Mr. Roscoe Hinton, Jr., Panel Chair
                 Ms. Martha A. Maust, Member
                 Ms. Carolyn B. Willis, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 26 Sep 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 12 Jan 04.
      Exhibit D. Letter, SAF/MRBR, dated 16 Jan 04.
      Exhibit E. Letter, Applicant, undated, w/atchs.







      ROSCOE HINTON, JR.
      Panel Chair





AFBCMR 2003-02901



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the  Department  of  the  Air  Force
relating to        , be corrected to show that he  was  awarded  the  Purple
Heart on 20 December 1965, for injuries he received  in  action  against  an
enemy of the United States in the Republic of Vietnam.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency