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AF | BCMR | CY2004 | BC-2003-03101
Original file (BC-2003-03101.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03101
                                       INDEX CODE:  107.00
      XXXXXXXXXXXX                      COUNSEL: AMERICAN LEGION

      XXXXXXXX                          HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He sustained a head injury  in  1968  during  a  rocket  attack  in  Saigon,
Vietnam.  He was offered the Purple Heart Medal; however, he declined it.

In support of his application, the applicant provides a copy of  a  Veterans
Administration  Form  21-4138,  Statement  in   Support   of   Claim.    The
applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 December 1964, 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  sergeant  (E-4)
effective and with a date of rank of 1 June 1968.

The applicant’s available military medical  records  indicate  that,  during
the period he was assigned to Tan Son Nhut Air Field, Vietnam  (20  December
1967 through 22 July 1969), he received medical treatment on  9  April  1968
for a laceration to the scalp.

The applicant was released  from  active  duty  on  22  July  1969  with  an
honorable characterization of service.  He served 4 years, 7 months  and  14
days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the applicant’s medical  records
indicate that he was treated in the Tan Son Nhut emergency room on  9  April
1968 for a “laceration to the scalp” but there is no mention as to  how  the
applicant received the laceration.  There are no documents in  his  military
record indicating that his  injuries  were  as  a  direct  result  of  enemy
action.  DPPPR states that on 1 March 2004,  they  requested  the  applicant
either withdraw his request  for  the  Purple  Heart  or  submit  additional
documentation to support his claim.  The applicant did not respond.   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.   The
AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was injured  while  taking  cover  in  a  bunker  during  a  Viet  Cong
mortar/rocket attack.  He didn’t realize he was  injured  until  the  crew
chief indicated he had blood running down his face and neck.  He  reported
to the base dispensary where they sewed up his wound and asked him  if  he
wanted a Purple Heart.  He  was  also  injured  on  his  upper  right  arm
resulting from someone trying to  slash  his  throat  while  stationed  in
Thailand in 1967.  The applicant’s review with attachment 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 9 April 1968  for  a  laceration  of
the scalp.  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 1 July 2004, under the provisions of AFI 36-2603:

      Mr. John L. Robuck, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Carolyn B. Willis, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2003-03101:

      Exhibit A.  DD Form 149, dated 9 Dec 03, with attachment.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPR, dated 28 Apr 04.
      Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
      Exhibit E.  Applicant’s Rebuttal, dated 24 May 04.




                                                   JOHN L. ROBUCK
                                                   Panel Chair

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