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AF | BCMR | CY2004 | BC-2003-03076
Original file (BC-2003-03076.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03076
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Purple Heart medal.

2.  His records be corrected to reflect service in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He injured his little finger while TDY to Nampong, Thailand  and  flew  over
Vietnam airspace on the return trip to  the  United  States.   His  complete
submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air  Force  on  8
Jun 70 and served as an Air Cargo Specialist until his release  from  active
duty on 19 Feb 74.  He was progressively promoted to the grade of  sergeant,
having assumed that grade effective and with a date of rank  of  1  May  72.
After a brief break in service he reenlisted on 14 Jan 75 and  served  as  a
computer operator until his honorable discharge on 10 Jan 80.

His DD Form 214, Report of Separation from Active  Duty,  reflects  in  Item
18, that he served 3 months foreign and/or sea service.  In Item 19, his  DD
Form 214 reflects "No" Indochina or Korea service since August 5, 1964.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends denial.  DPAPP2 states  there  are  no  documents  or
comments in his performance reports that confirm a TDY to Thailand.  He  was
asked to provide documents to confirm his  TDY  to  Thailand,  but  did  not
respond to their request.  The DPAPP2 evaluation is at Exhibit C.

AFPC/DPPPR states there is no documentation to  show  his  injuries  were  a
direct result of enemy action.  He was asked to provide evidence to  support
his claim, but he did not respond.  The DPPPR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  23
Apr 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  that  would  warrant  corrective  action.
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 are not unmindful or  unappreciative  of  his  service  to
this Nation; however, there was no evidence presented, which would  lead  us
to believe that he was medically  treated  for  any  wounds  incurred  as  a
direct result of enemy fire as required  for  award  of  the  Purple  Heart.
Further, absent documentation to sustain his contention that  he  served  in
Vietnam during the period in question, we  do  not  believe  that  favorable
consideration of his request  that  his  records  be  corrected  to  reflect
Vietnam service.  Therefore, in the absence of persuasive  evidence  to  the
contrary, we find no compelling  basis  to  recommend  granting  the  relief
sought in 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 AFBCMR Docket Number  BC-2003-
03076 in Executive Session on 3 Jun 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Gregory H. Petkoff, Panel Chair
      Ms. Renee M. Collier, Member
      Ms. Martha A. Maust, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Sep 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 3 Feb 04.
    Exhibit D.  Letter, AFPC/DPPPR, dated 16 Apr 04, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   GREGORY H. PETKOFF
                                   Panel Chair

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