RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00560
INDEX NUMBER: 107.00
COUNSEL: AMERICAN LEGION
HEARING DESIRED: NO
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
___________________________________________________________________
APPLICANT CONTENDS THAT:
His right hand was injured in a mortar attack in Vietnam.
Applicant’s complete submission is attached at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The records reflect that applicant served on active duty in the Air
Force from 9 Dec 65 – 9 Nov 69. His DD Form 214, (Armed Forces of
the United States Report of Transfer or Discharge) reflects
2 years, 11 months, and 26 days of Foreign Service. Also, he was
awarded the National Defense Service Medal, the Vietnam Service
Medal, with one Bronze Service Star, Republic Vietnam Campaign
Medal, Air Force (AF) Good Conduct Medal, AF Outstanding Unit
Award, and Armed Forces Expeditionary Medal.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request be denied. To be
awarded the PH a member must provide documentation to support his
claim that the wounds were a direct result of enemy action, and
must have received medical treatment by medical personnel.
The medical records he provided stated he was treated for warts on
his right hand in Feb 68, Mar 68, and Jul 69.
On 8 Apr 04, AFPC/DPPPRA requested the applicant review the Purple
Heart Criteria sheet carefully, and provide the necessary
information and documentation or withdraw his application; he did
not respond.
A complete copy of the Air Force evaluation is attached at Exhibit
C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 10 June 2004, a copy of the Air Force evaluation was forwarded
to the applicant for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
___________________________________________________________________
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 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. 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 Docket Number BC-2004-
00560 in Executive Session on 17 August 2004, under the provisions
of AFI 36-2603:
Mr. Roscoe Hinton Jr., Panel Chair
Ms. Renee M. Collier, Member
Mrs. Barbara R. Murray, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Feb 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 4 Jun 04.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 04.
ROSCOE HINTON JR.
Panel Chair
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