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AF | BCMR | CY2004 | BC-2004-00657
Original file (BC-2004-00657.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00657
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS:

Award of the Purple Heart (PH) for injuries sustained in Vietnam.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during a mortar attack in Quang Tri, Vietnam,  in  1965.   He
received medical treatment for his wounds by Army  medics  on  two  separate
occasions and was provided a form describing his injury as  cuts,  abrasions
and punctures.  He turned this form over  to  the  medical  section  at  the
Clark AB Hospital to be placed in his medical records.

In support of his request, applicant submits a  personal  statement,  copies
of his DD Forms 214, a civilian medical statement and  additional  documents
associated with the  issues  cited  in  his  contentions.   The  applicant’s
complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service  Date  (TAFMSD)  is  3
February 1954.  He was progressively promoted  to  the  grade  of  technical
sergeant (E-6), with an effective date and date of rank of 1 July 1972.

The applicant’s DD Form 214 covering his third  enlistment  period,  23 July
1961 - 22 July 1965, reveals nine months and three days  of  foreign  and/or
SEA service and no wounds received as a result of action with enemy  forces.
 Applicant’s fourth enlistment period, 23 July 1964 - 22 July 1969,  reveals
two years and 22 days of  foreign  and/or  SEA  service  and  award  of  the
Vietnam Service Medal (VSM), Air Force Outstanding Unit Award  (AFOUA)  with
two bronze oak leaf clusters (2OLCs), Air Force Good Conduct  Medal  (AFGCM)
w/1OLC, Air Force Commendation Medal (AFCM)  and  the  Air  Force  Longevity
Service Award (AFLSA) w/2OLCs.  His fifth enlistment period, 23 July 1969  -
22 July 1974, reveals 11 months of foreign and/or SEA  service  this  period
and award of the Vietnam Service Medal (VSM), Republic of  Vietnam  Campaign
Medal (RVCM), AFCM w/1OLC, AFLSA w/4OLCs, AFGCM w/4OLCs and AFOUA w/2OLCs.

On 28 February 1977, the applicant was relieved from  active  duty,  retired
in the grade of E-6 on 1 March 1977, and assigned to  the  retired  Reserve.
He had completed a total of 23 years and 1 month of active duty service  for
retirement.  The applicant was relieved  from  his  Reserve  assignment  and
honorably discharged from the Air Force Reserve on 2 February 1984.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPR states that  there
is no evidence in the applicant’s medical or military personnel  records  to
substantiate that wounds were received as a direct result  of  enemy  action
and that the wounds  required  or  received  medical  treatment  by  medical
personnel.  The HQ AFPC/DPPPR evaluation, with attachment, is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  21  May
2004 for review and response.   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.  Applicant’s contentions were  duly  noted;
however, we  did  not  find  these  uncorroborated  assertions,  in  and  by
themselves, sufficiently persuasive to override the  rationale  provided  by
the Air Force office of primary responsibility.  The applicant has  provided
no evidence to indicate the injuries sustained were  the  direct  result  of
enemy action.  Hence, the Purple Heart criteria  of  enemy  action  has  not
been met.  Absent sufficient documentation to support  his  eligibility  for
award of the Purple Heart, we  find  no  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 this application in  Executive
Session on 25 August 2004 and 25 October 2004, under the provisions  of  AFI
36-2603:

                  Mr. Michael K. Gallogly, Panel Chair
                  Mr. Albert C. Ellett, Member
                  Mr. Terry L. Scott, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-00657.

   Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 11 May 04, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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