RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-00812
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart for an injury sustained in  Vietnam  in
Aug or Sep 68.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When he was serving in Vietnam,  he  sustained  extensive  injury  and
wounds at the hands of a Vietnamese officer  in  a  combat  zone.  The
ambush took place behind him inside the compound. He felt blunt  force
to his nose and face and was cut, right to left, across his  nose  and
the left side of  his  face  to  the  cheekbone.  The  next  thing  he
remembered was seeing his fatigues saturated with blood. The  security
police arrived and transported him to the  base  dispensary  where  he
received approximately 157 stitches inside and outside of his nose and
face. The Office of Special Investigation explained that a  Vietnamese
officer had done the cutting with a rice-cutting sickle with a 10-inch
curved blade.  He should have been awarded the PH because  the  injury
occurred in a hostile zone by a hostile, unfriendly actor who intended
to kill him, but the commander said he could not in “good  conscience”
recommend the award. This error has caused him  considerable  physical
and mental anguish over the years.

The applicant submits a personal statement, his DD Form 214, and a  DD
Form 398, Statement of Personal History. His complete submission, with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 Dec 56.

His AF Form 7, Airman Military Record, appears to indicate he served a
tour at Bien Hoa AB and Nha Trang Airport in the Republic  of  Vietnam
(RVN) from 9 Nov 65 until around Nov  66,  when  he  was  assigned  to
Charleston AFB, SC. He was subsequently assigned to Phan  Rang  AB  in
the   RVN   around   22 Apr   68,   and   served   as   a    munitions
specialist/munitions storage crew chief until he departed  for  Cannon
AFB, NM, in Apr 69. This was followed by a tour in Thailand during Jun
70-Jun 71.

During the pertinent period, the applicant’s military medical  records
only report that, at 1400 hours on 25 Oct 68, he was “brought in  from
strip in ambulance”  with  a  5½-inch  laceration  on  his  face.  The
applicant was admitted and the wound was irrigated,  injected  with  a
local anesthetic, and sutured closed. There is no mention  as  to  the
cause of the injury. A follow-up visit on 4 Nov 68 noted the scar  was
“looking very well.”

The applicant was retired in the grade of staff sergeant on 1  Jan  77
after 20 years and 4 days of active service. His DD Form 214  reflects
2 years, 1 month and 12 days of foreign/overseas service.

A 20 Feb 87 Department  of  Veterans  Affairs  (DVA)  rating  decision
reported that all periods of the applicant’s active duty had not  been
verified. The rating decision added the applicant stated he “. . . had
a nose injury requiring numerous stitches to close the wound while  in
Vietnam” and the “. . . veteran gave a history of a knife wound to the
left side of the  nose  many  years  ago  with  a  slowly  progressive
development of left nasal airway obstruction.” Another sentence in the
same report indicated the applicant “. . . stated that he had been  in
Vietnam for three [sic] years, not wounded.”  The  applicant  made  no
complaints of post traumatic stress disorder (PTSD),  and  the  report
concluded the service record did not support  service-connection  for,
among other things, the nose and nervous conditions.

A 25 Aug 95 DVA evaluation noted the applicant complained of  feelings
of losing control over the past years. His latest  episode  apparently
was precipitated by events in his church activity when he testified to
his past experience and wrote of his “. . .  traumatic  experience  of
having been slashed on his nose by a chain  knife  which  resulted  in
massive bleeding and  several  stitches”  while  he  was  in  Vietnam.
Psychological testing did not suggest PTSD.

A 4 Mar 96 DVA  rating  decision  denied  the  applicant’s  claim  for
service-connected  PTSD,  concluding  the  records  did  not  show   a
diagnosis of PSTD but rather an adjustment disorder.

Pursuant to a request from the AFBCMR  Staff,  AFOSI/XI  responded  by
email on 15 Sep 04 that no record of an  OSI  investigation  could  be
found concerning the applicant.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR  observes  the  applicant  did  not  provide  sufficient
evidence showing the wound he received was the direct result of  enemy
action.  A review of his military record reveals insufficient  medical
documentation to substantiate his claim that he received any injury as
a direct result of enemy action. Therefore, denial is recommended.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends  the  attack  was  from  a  hostile  indigenous
individual, but whether he was overtly a member of enemy forces  or  a
Vietnamese infiltrator of  the  Republic  of  Vietnam  Army  would  be
forever unknown.  Extensive research would be needed to  determine  if
the incident is recorded in the daily unit records  or  with  the  Air
Force Office of Special Investigations (AFOSI).  He knows  of  no  one
either currently serving or alive among his acquaintances that know of
the circumstances surrounding the incident.   The  applicant  requests
his appeal for the PH be withdrawn so that his medical  records  could
be sent to the DVA to settle a claim he has there.   [Note:   Pursuant
to a 24 Aug 04 request from the Philadelphia DVA Regional Office,  the
AFBCMR Staff forwarded a copy of the applicant’s  medical  records  to
the DVA around 26 Aug 04.]

A complete copy of the applicant’s response is at Exhibit E.

_________________________________________________________________

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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should  be  awarded  the  PH.   We  do  not  dispute  the
applicant received medical treatment for a facial laceration sustained
on 25 Oct 68.  However, the records do not indicate, and the applicant
did not establish, this injury was the direct result of enemy  action.
The medical entry does not identify the laceration as an enemy  wound.
As for an AFOSI investigation, AFOSI/XI advised no  report  pertaining
to the applicant could be found.  Further, according to the applicant,
his commander explained he could not “in  good  conscience”  recommend
award of the PH.  If the commander did not feel the  injury  warranted
the PH, we are reluctant, based on the evidence before us, to override
that decision.  Finally, the applicant has not sustained his claim  of
suffering “considerable physical and mental anguish” over the years as
a causal effect of not receiving the PH.  In view  of  the  above  and
absent persuasive evidence to the contrary, the applicant  has  failed
to sustain his burden  of  having  suffered  either  an  error  or  an
injustice.  However, should the applicant be able to provide  official
documentation or witness  statements  supporting  his  contention  his
facial laceration was directly caused by enemy  action,  we  would  be
willing to review his case for possible reconsideration.  Barring that
submission, however, we find no compelling basis to recommend granting
the relief sought.

_________________________________________________________________

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 9 and 20 September 2004 under the  provisions  of
AFI 36-2603:

                 Mr. Edward H. Parker, Panel Chair
                 Mr. Albert C. Ellett, Member
                 Ms. B. J. White-Olson, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-00812 was considered:

   Exhibit A.  DD Form 149, dated 9 Mar 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 7 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.
   Exhibit E.  Letter, Applicant, dated 8 Sep 04.




                                   EDWARD H. PARKER
                                   Panel Chair