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AF | BCMR | CY2004 | BC-2003-02904
Original file (BC-2003-02904.doc) Auto-classification: Denied


                             RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-02904

                 COUNSEL:  None

                 HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for wounds received  at  Cam  Ranh  Bay,
Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in the shoulder and suffered a broken left heel.  The  medics
told him not to apply for the medal.

In support of his request, applicant submits copy of an email  and  DD  Form
214.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an  airman  basic  on  25
June 1965 for a period  of  four.   He  separated  on  24  June  1969  after
completing 4 years of total active military service.

Applicant served in Vietnam during the period of 8  July  1966  to   4  July
1967.  He was then transferred to Dyess AFB, TX.  His records  show  he  was
on temporary orders to Lajes AB in Azores and to Goose Bay  AB  in  Labrador
for approximately 30 days to participate in an  exercise,  beginning  on  or
about 9 August 1968, from Dyess AFB TX.  He medical records  showed  he  had
broke his foot in 1969 at Dyess AFB, TX, when he slipped and fell out  of  a
trailer.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial and stated the applicant has not provided  any
information such as a specific date or a specific injury,  or  any  official
documentation to substantiate his claim that he was in Cam Ranh Bay in  1968
or that he was injured as a result of enemy action while in Vietnam.   Since
the  applicant  has  not  provided  the  necessary   information,   or   any
documentation, to substantiate his  claim,  we  are  unable  to  verify  his
eligibility for award of the Purple Heart.

AFPC/DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the Air Force evaluation and stated  he  gave  the  Board
his sergeant’s name.  Again, “TSgt B_” was in charge and  he  could  testify
to his injuries.

They  were  on  temporary  duty  (TDY)  from  Dyess  AFB  TX  to  Japan  and
transferred to Cam Ranh Bay Vietnam.  The night of that attack,  he  was  at
the back of the hut when a rocket went off.  They  all  ran  to  the  front,
when he fell and someone stepped on his foot, breaking it.  This is when  he
notice his hand was  covered  with  blood.   Upon  examination,  the  medics
treated him for a flesh wound in the shoulder and a broker leg.  The  medics
talked him out of submitting paperwork for the Purple Heart.

Applicant’s complete response 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
applicant's submission and the available evidence  of  record,  we  are  not
persuaded that he should be awarded the Purple Heart.   We  took  notice  of
his complete submission in judging the  merits  of  the  case;  however,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility  and  adopt  its  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.  There was no evidence presented, other than his own  assertions,
which would lead us to believe that he was medically treated for any  wounds
incurred as a direct  result  of  enemy  fire.   We  are  not  unmindful  or
unappreciative  of  his  service  to  this  Nation  and  should  he   secure
supporting  documentation  from  his  medical  records,  from  the  Veterans
Administration, or an  account  from  an  individual  who  eyewitnessed  his
injuries, we would be willing to  reconsider  his  application.   Otherwise,
without persuasive evidence that he was wounded as a direct result of  enemy
action, we find no compelling basis to warrant  favorable  consideration  of
his 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  Docket  Number  BC-2003-02904
in Executive Session on 31 March 2004, under the provisions of AFI 36-2603:

                  Mr. Thomas S. Markiewicz, Chair
                  Ms. Leslie E. Abbott, member
                  Ms. Renee M. Collier, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 13 Aug 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 14 Jan 04.
   Exhibit D.  Letter, SAF/MRBR, dated 23 Jan 04.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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