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AF | BCMR | CY2004 | BC-2003-03967
Original file (BC-2003-03967.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2003-03967
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                      COUNSEL: NONE

      XXXXXXXXXXXXXX                    HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her spouse’s records be corrected to show he was awarded  the  Purple  Heart
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

Before his death, her husband told her that he was awarded the Purple  Heart
Medal while serving in Vietnam.  She cannot locate any record of the  award;
however,  she  would  like  to  have  the  award  listed  on  her  husband’s
headstone.

In support of  her  application,  the  applicant  provides  a  copy  of  the
decedent’s death certificate.  The  applicant’s  complete  submission,  with
attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The decedent enlisted in the Regular Air Force on 8  November  1963  at  the
age of 22 for a period of four years in the grade  of  airman  basic  (E-1).
He was progressively promoted to the  grade  of  airman  first  class  (E-4)
effective and with a date of rank  of  1  April  1966.   The  former  member
served in Vietnam between the period 7 November 1966 and  24  October  1967.
He was released from active duty effective 25 October 1967  and  transferred
to the Air Force Reserve for his military service obligation.  He  served  3
years, 11 months, and 18 days on active duty.  He was  honorably  discharged
from the Air Force Reserve effective 7 November 1969.  On 10  October  2003,
the Department of Veterans Affairs identified the former member’s  death  as
service related.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR  states  that  the  applicant  has  not
provided any information or documentation  showing  that  the  decedent  was
injured or wounded as a result of enemy action.  In addition,  there  is  no
indication in the decedent’s records 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.  On 20 January 2004, DPPPR requested  the  applicant
provide a detailed account of  the  circumstances  regarding  her  husband’s
injury and any eyewitness statements to support her request.  The  applicant
did not respond;  therefore,  DPPPR  is  unable  to  verify  the  decedent’s
eligibility for award of the Purple Heart Medal.  The  DPPPR  evaluation  is
at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states she is not asking for her husband  to  be  awarded  the
Purple Heart Medal.  She states her husband had  indicated  he  was  awarded
the Purple Heart Medal while in the service and it is not reflected  in  his
records.  She would like his records  corrected  to  reflect  the  award  he
received.  The applicant’s rebuttal 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 an  error  or  injustice.   After  a  thorough  review  of  the
available records, we found no evidence that the decedent  is  eligible  for
the award of the Purple Heart Medal.  The applicant’s contentions  are  duly
noted;  however,  she  did  not  provide   any   documentary   evidence   to
substantiate her claim that the decedent 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  decedent  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 11 May 2004, under the provisions of AFI 36-2603:

            Mr. John L. Robuck, Panel Chair
            Ms. Olga M. Crerar, Member
            Ms. Martha J. Evans, Member

The following documentary evidence for AFBCMR Docket Number BC-2003-03967
was considered:

      Exhibit A.  DD Form 149, dated 19 Nov 03.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 8 Mar 04.
      Exhibit D.  Letter, SAF/MRBR, dated 12 Mar 04.
      Exhibit E.  Applicant’s Rebuttal, undated.




                             JOHN L. ROBUCK
                                             Panel Chair

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