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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