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AF | BCMR | CY2004 | BC-2003-03480
Original file (BC-2003-03480.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-03480
            INDEX CODE:  107.00

            COUNSEL:  Disabled American
                          Veterans

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH) for injuries he sustained in Vietnam.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 10 January 1969, while stationed in Vietnam he was injured during a
mortar attack.  He received severe back and neck injuries.  Two  other
airmen received the PH for this incident.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  (RegAF)  on  13 April
1967 as an airman basic for a period of four years.

The medical narrative dated 17 April 1974,  states  the  applicant  in
January 1969, was injured in a mortar attack in  Southeast  Asia.   He
reported that he had some low back pain before the accident  and  that
there was no significant increase in pain  immediately  following  the
accident.  About one year later, he began to  develop  low  back  pain
which radiated into the lateral aspect of the right thigh.  He had  no
numbness or weakness.  In January 1973, he was thoroughly evaluated by
Orthopedic   Services   with   negative   results.    X-rays    showed
lumbarization of S-1 and some degenerative changes L4-L5.   Throughout
the  remaining  years  of  his  military  career,  the  applicant  was
medically treated for complaints of low back pain.

The  applicant’s  records  reflect  he  was  awarded  the  Air   Force
Commendation  Medal  with  one  Oak  Leaf   Cluster   (AFCM   w/1OLC),
Meritorious Service Medal (MSM), Air Force Achievement  Medal  (AFAM),
Air  Force  Good  Conduct  Medal  (AFGM)  with  one  Silver  OLC,  NCO
Professional Military Education Ribbon, Air  Force  Longevity  Service
Ribbon with four OLCs, National  Defense  Service  Medal  (NDSM),  Air
Force Overseas Long Tour Ribbon with one OLC, Air Force Overseas Short
Tour Ribbon; Air Force Training Ribbon, Vietnam Service Medal with one
Silver OLC, Republic of Vietnam Gallantry Cross with Palm, Republic of
Vietnam Campaign Medal, Air Force  Outstanding  Unit  Award  with  two
OLCs, and Air Force Presidential Unit Citation.

The applicant was honorably retired on 31 October 1987 in the grade of
master sergeant.  He served 20 years, 6 months and 18 days  of  active
service.

On 20 January 2004, the Air Force  office  of  primary  responsibility
requested the  applicant  provide  a  more  detailed  account  of  the
circumstances regarding the injuries he  received  in  Vietnam  on  10
January 1969.  The applicant did not respond.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR states the PH is awarded for injuries or wounds incurred as
a direct result of enemy action; specific details must be provided, as
well as documentation showing the wound  or  injury  received  medical
treatment by medical personnel.  There  is  no  documentation  in  the
applicant’s records to indicate that the injury  he  sustained  was  a
direct result of enemy action.  They further state they requested  the
applicant provide a detailed account of incident regarding his injury.
 He  did  not  respond.   Based  on  the  documentation  and  evidence
provided, DPPPR recommends denial of applicant’s request.

A complete copy of the evaluation, with attachments,  is  attached  at
Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was forwarded  to
the applicant for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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.   We  took   note   of   the
documentation the applicant provided in support  of  his  request  for
award of the PH.  However,  we  are  not  persuaded  this  information
substantiates the servicemember had an injury that  met  the  criteria
for award of the  PH.   The  applicant  was  requested  to  provide  a
detailed account regarding his injury, proof his  injury  required  or
received medical treatment and any eyewitness statements.  He did  not
respond.   While  we  are  not  unmindful  or  unappreciative  of  the
servicemember’s service to his Nation,  in  the  absence  of  evidence
substantiating the servicemember was injured as  a  direct  result  of
enemy action and received medical treatment for the injuries, 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-
2003-03480 in Executive Session on 21 April 2004, under the provisions
of AFI 36-2603:

            Mr. Thomas S. Markiewicz, Chair
            Mr. Frederick R. Beaman III, Member
            Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 15 Oct 03, w/atchs.
      Exhibit B. Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR dated 10 Mar 04.
      Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.





                 THOMAS S. MARKIEWICZ
                 Chair

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