Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-00188
Original file (BC-2004-00188.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00188
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded by armed conflict in Saigon, Vietnam in December  1966.   The
paperwork recommending the PH was destroyed by  the  admin  officer  at  the
time.  He has two Western Union messages that confirm his  injury.   Because
of the armed conflict, he is has received a 30% disability rating.

In support of his request, applicant provided his DD  Form  214,  Report  of
Separation from Active Duty; Western Union telegrams, his retirement  order,
and documents extracted from his medical record.  His  complete  submission,
with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force  on  16
Apr 57.  He was progressively promoted to the grade of  technical  sergeant,
having assumed that grade effective and with a date of rank  of  1  Apr  76.
He was retired from the Air Force on 31 Jan  79.   He  served  21  years,  9
years, and 15 days on active duty.  He served in  the  Republic  of  Vietnam
from 7 Apr 66 through 18 Feb 67.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states to be awarded the  PH  a  member
must provide documentation to support that wounds were received as a  direct
result of enemy action and that the wounds  received  treatment  by  medical
personnel.  The telegrams  he  provided  did  not  state  that  wounds  were
incurred as a direct result of enemy action.  There are no documents in  his
military records indicating he was treated  for  injuries  received  as  the
result of  enemy  action.   He  was  sent  a  letter  requesting  additional
information, but he did not respond to the request.   The  DPPPR  evaluation
is 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
04 for review and comment within 30 days.  As of this date, this office  has
received no response.

_________________________________________________________________

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  that  would  warrant  corrective  action.
After a thorough review of the  applicant's  submission  and  the  available
evidence of record, we are not persuaded  that  he  should  be  awarded  the
Purple Heart.  We are not unmindful or  unappreciative  of  his  service  to
this Nation; however, we agree with the opinion and  recommendation  of  the
Air Force office of primary responsibility and adopt their rationale as  the
basis for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  There was no evidence presented, which  would  lead  us
to believe that the wound he received incurred as a direct result  of  enemy
fire as required for award of the Purple Heart.  Therefore, in  the  absence
of persuasive evidence to the contrary,  we  find  no  compelling  basis  to
warrant favorable consideration of his 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-
00188 in Executive Session on 30 Jun 04, under the  provisions  of  AFI  36-
2603:

      Ms. Brenda L. Romine, Panel Chair
      Mr. Vance E. Lineberger, Member
      Ms. Jean A. Reynolds, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.




                                   BRENDA L. ROMINE
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00027

    Original file (BC-2004-00027.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-00027 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: Applicant is the son of the former service member who is requesting his father be awarded the Purple Heart (PH) medal for injuries sustained during the Vietnam Conflict. After a thorough review of the evidence of record and the...

  • AF | BCMR | CY2004 | BC-2003-03664

    Original file (BC-2003-03664.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPW recommends denial of POW status or the POW medal because the applicant was an internee in Sweden and, by definition, was not a POW. A complete copy of the evaluation, with attachments, is at Exhibit C. HQ AFPC/DPPPR recommends denial of the PH medal because there is no evidence in the applicant’s military personnel record demonstrating he was injured as a direct result of enemy action, and...

  • AF | BCMR | CY2004 | BC-2004-01258

    Original file (BC-2004-01258.doc) Auto-classification: Approved

    The Purple Heart Medal is awarded for wounds received as a direct result of enemy actions. At the time of his treatment, medical personnel asked him if he wanted the Purple Heart Medal and he turned it down. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an...

  • AF | BCMR | CY2004 | BC-2003-02207

    Original file (BC-2003-02207.DOC) Auto-classification: Denied

    By letter, dated 22 Sep 03, AFPC/DPW notified the applicant his records were being corrected administratively to reflect his status as a POW (Exhibit C). A complete copy of the AFPC/DPPPR evaluation, with attachments, is at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 30 Jan 04 for review and response. After a thorough review of the applicant’s...

  • AF | BCMR | CY2003 | BC-2003-00238

    Original file (BC-2003-00238.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00238 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. His report of separation reflects award of the Republic of Vietnam, Vietnam Service Medal with 2 Bronze Stars, National Defense Service Medal, Good Conduct Medal with 1 silver Oak Leaf...

  • AF | BCMR | CY2004 | BC-2003-04015

    Original file (BC-2003-04015.doc) Auto-classification: Approved

    After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...

  • AF | BCMR | CY2003 | BC-2002-01965

    Original file (BC-2002-01965.doc) Auto-classification: Denied

    The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and stated that the only documents he has is his word and medical reports. Therefore, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to favorably consideration of his application _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2003 | BC-2002-02189

    Original file (BC-2002-02189.doc) Auto-classification: Denied

    The applicant was assigned to the 367 Bombardment Squadron, in the European Theater of Operations as a Navigator, from 15 November 1943 through 11 June 1945, when he returned to the Continental United States. By letter, dated 3 December 2002, AFPC/DPW, requested that the applicant’s discharge document be corrected to reflect he was a POW from 13 December 1943 to 13 May 1945 and that he be considered for award of the Purple Heart (See Exhibit D). The applicant contends that he should...

  • AF | BCMR | CY2003 | BC-2003-00599

    Original file (BC-2003-00599.doc) Auto-classification: Denied

    The applicant departed for the European Theater of Operations (ETO) on 9 October 1944. DPPPR states that the Purple Heart Review Board recommended disapproval because frostbite is not a qualifying condition for award of the Purple Heart Medal, and the applicant did not provide any documentation showing he was wounded or injured as a direct result of enemy action. The DPPPR evaluation, with attachments, is at Exhibit...

  • AF | BCMR | CY2003 | BC-2003-00244

    Original file (BC-2003-00244.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00244 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. After a thorough review of the applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart Medal. ...