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AF | BCMR | CY2004 | BC-2004-00144
Original file (BC-2004-00144.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00144
                       INDEX CODE:  107.00
                       COUNSEL:  None

                       HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Vietnam Service Medal
(VSM) and Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force never sent him the VSM or put the information  into  his
records.  He does not understand  how  members  of  the  military  can
receive a PH for a cut finger and he never received a PH and  spent  a
week in the hospital in Thailand being  treated  for  dehydration  and
Hepatitis B.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 14 March 1972.
The applicant was involved in a motor vehicle accident on  26 November
1973.  He was placed on the Temporary Disability Retired  List  (TDRL)
on 4 April 1978.  The applicant was removed the TDRL  and  permanently
retired on 6 September 1982.

The applicant’s records reflect he was  awarded  the  Air  Force  Good
Conduct Medal (AFGCM)  with  one  Oak  Leaf  Cluster,  the  Air  Force
Longevity Service Award and the National Defense Service Medal (NDSM).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states in order to be awarded the PH, the  servicemember
must provide documentation to support the injuries  he  received  were
received as a direct result of enemy action and the wounds required or
received  medical  treatment  by  medical  personnel.   There  is   no
documentation in the applicant’s records to indicate he was injured or
received medical treatment for injuries that were incurred as a direct
result of enemy action.  Furthermore, the VSM is awarded  for  service
performed in Vietnam from 4 July 1965 and 28  March  1973,  in  direct
support of operations in support of Vietnam.   The  applicant  was  in
Thailand participating in an exercise which was not in direct  support
of operations in  Vietnam.   On  1  March  2004,  DPPPR  informed  the
applicant that he was not entitled to the PH or VSM and  requested  he
withdraw his request.  The applicant did not respond.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
May 2004, for review and response.  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  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt their rationale as the basis for our  conclusion  that
the applicant has not been the victim of an  error  or  an  injustice.
The documentation provided by the applicant does not  substantiate  he
had an injury that met the criteria for award of the PH.  He  has  not
provided persuasive evidence to show the illness was a  result  of  an
injury incurred as a direct result of enemy action.  The  Board  notes
the VSM is awarded to servicemen for service between 4 July  1965  and
28 March 1973, in Vietnam  Cambodia,  Thailand,  or  Laos,  in  direct
support of operations in Vietnam.   The  applicant's  records  reflect
that he was in Thailand participating in  an  exercise;  however,  the
exercise was not  in  direct  support  of  an  operation  in  Vietnam.
Therefore, in the absence of 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-
2004-00144 in Executive Session on 15 June 2004, under the  provisions
of AFI 36-2603:

                       Mr. John L. Robuck, Panel Chair
                       Mr. James E. Short, Member
                       Mr. Albert C. Ellett, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, undated, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 26 Apr 04.
      Exhibit D. Letter, SAF/MRBR, dated 7 May 04.




                             JOHN L. ROBUCK
                             Panel Chair

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