RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03020
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Republic of Vietnam
Gallantry Cross with Palm, Republic of Vietnam Campaign Medal, “Old
Glory Rod Gallantry Cross”, Unit Award,” the Korean Defense Service
Medal, and the Purple Heart (PH) Non-Combat Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions.
In support of his request, the applicant submits a DD Form 214, Report
of Separation from Active Duty.
Applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 10 November 1970
and was placed on the Temporary Disability Retired List (TDRL) on 21
October 1973. He was permanently retired on 14 April 1975, in the
grade of sergeant with a disability rating of 100 percent. His DD
Form 214, Certificate of Release or Discharge from Active Duty,
reflects award of the Vietnam Service Medal, National Defense Service
Medal, and the Republic of Vietnam Campaign Medal. On 31 August 1999,
as a result of a congressional inquiry, his DD Form 214 was corrected
to reflect award of the Air Force Good Conduct Medal, the Air Force
Outstanding Unit Award with Valor Device and one Bronze Service Star,
and the Republic of Vietnam Gallantry Cross with Palm.
_________________________________________________________________
AIR FORCE EVALUATION:
The AFPC/DPPPR recommends denial of his request for award of the
Korean Defense Service Medal and the PH Medal. Since the criteria
have not yet been established for the Korean Defense Service Medal,
and the PH Medal is not a non-combat award, he is not eligible for
either of these medals. There is no such medal named the “Old Glory
Rod Gallantry Cross; therefore, he is not eligible for this award.
His medical records show that on 26 March 1973, he was hit by a bus in
Thailand. He has been informed several times since 1988 that this
accident does not qualify him for award of the PH Medal. Since he was
not injured as a result of enemy action, the applicant is not eligible
for award of the PH medal. His records have been reviewed, and all
additional awards to which he is entitled have already been added to
his records.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
16 Jan 04, for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
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. Since no criteria has been
established for award of the Korean Defense Service Medal, we cannot
determine whether or not he will be eligible for the award. In regard
to the Old Glory Gallentry Cross, we note that no such award exists.
The PH is awarded for injuries received as a direct result of enemy
action. We note that the applicant was injured when he stepped in
front of a bus in Thailand. Indirect injuries do not meet the
criteria for award of the PH Medal. Since the applicant was not
injured as a direct result of enemy action, he is not eligible for the
PH Medal. We took notice of the complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force office of primary responsibility and
adopt their rationale as the basis for our conclusion that the former
member has not been the victim of an error or injustice. Therefore,
we find no compelling basis to warrant favorable consideration of the
relief sought in this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
03020 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
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 3 Sep 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 14 Jan 04.
Exhibit D. Letter, SAF/MRBR, dated 30 May 03.
ROSCOE HINTON, JR.
Panel Chair
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