RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-04003
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 12 September 1967, while stationed at Dong Ha Air Base, Republic of
Vietnam, he was wounded during a rocket and artillery attack. At the time
he was wounded, he was not concerned about the incident being entered into
his military personnel record so he might receive the award; however, he
has since had a change of heart.
In support of his request, the applicant has submitted a personal
statement, and an extract from his chronological record of medical case.
The applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 31 July 1979, the applicant was relieved from active duty and retired in
the grade of master sergeant effective 1 August 1979. Applicant was
credited with 24 years, 4 months and 16 days of active service for
retirement.
His service record appears to indicate that he served two consecutive tours
in Vietnam from 2 August 1966 to 1 August 1967 and 2 August 1967 to 17 May
1968.
His discharge documents for the periods in question reflect he was awarded
the Bronze Star Medal, Air Force Commendation Medal, Air Force Outstanding
Unit Award, Air Force Longevity Service Award Ribbon, with four Oak Leaf
Clusters (4OLC), Air Force Good Conduct Medal (1 Silver OLC), National
Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam
Campaign Medal.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the application be denied. DPPPR states that they
notified the applicant of the criteria for the PH on 16 January 2004, and
requested he provide additional information showing he was treated for a
wound or injury resulting from enemy action; however, the applicant did not
respond.
A complete copy of DPPPR’s opinion is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant was provided a copy of the advisory opinions on 19 March 2004
(Exhibit D). As of this date, no response has been received.
________________________________________________________________
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 notice of the applicant’s
contention that he should be awarded the Purple Heart for an injury
sustained during his assignment in Vietnam. After a thorough review of his
submission and the supporting documentation he provided, to include
excerpts from his medical records, these documents do not persuade us that
he should be awarded the Purple Heart Medal. There is no evidence that the
wound he alleges he sustained was a direct result of enemy action. In
addition, the applicant did not provide any current medical evidence of
scarring or other residuals of the asserted injury that lead us to believe
that he had an injury that warranted the award of the Purple Heart Medal.
However, should the applicant provide the above information or testimony
from other former members of his unit who were with him at that time and
can account for his injury, he may, of course, submit another request and
the Board will review this new evidence. While we appreciate and honor the
applicant’s service to his country, in view of the above the applicant’s
request is not favorably considered.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of probable 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 Docket Number BC-2004-00066
in Executive Session in Executive Session on 27 May 2004, under the
provisions of AFI 36-2603:
Mr. Gregory H. Petkoff, Panel Chair
Ms. Kathleen F. Graham, Panel Member
Mr. Michael J. Novel, Panel Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Nov 03, with attachments.
Exhibit B. Applicant’s Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated undated.
Exhibit D. Letter, SAF/MRBR, dated 19 Mar 04.
GREGORY H. PETKOFF
Panel Chair
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