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
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