RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: BC-2004-01076
INDEX CODE 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for a combat injury sustained on
17 May 67 during his Vietnam tour.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His left eye and eye socket were injured on 17 May 67 during a heavy
mortar attack from Communist North Vietnamese forces. Under the new
public law of 2003 for concurrent pay [Combat-Related Service
Compensation (CRSC)], he requests the PH award because he is retiring
from the military with over 38 years of service.
The applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant, currently a retired Reserve senior master sergeant,
first enlisted in the Regular Air Force on 1 Oct 63. During the period
in question, he was assigned to the 18th Field Maintenance Squadron at
Kadena AB, Okinawa, as a jet mechanic. In this capacity, he was
responsible for parking, servicing and sending off all transient
aircraft as well as performing maintenance on ground support equipment
assigned to the Transient Alert Section.
The applicant’s available military personnel and medical records
contain no indication of a wound sustained by enemy action.
The applicant was honorably discharged from the Regular Air Force in
the grade of staff sergeant on 15 Dec 71 after 8 years, 2 months and
15 days of active service. He continued his career with the Air Force
Reserve.
An 18 Nov 72 Report of Medical History for the applicant’s application
as an Air Reserve Technician (ART) includes physician’s comments
regarding a one-inch scar on the left eye area for a “service
connected accident” in Feb 67. The applicant’s eyes were found to be
normal except for needing glasses.
In a letter dated 20 Apr 04, HQ AFPC/DPPPRA advised the applicant they
were returning his DD Form 149 because the documents he provided were
unclear and unreadable. He was asked to provide documentation
attesting to the circumstances of his injury, enemy action as the
cause, and the necessity of medical treatment. According to DPPPR, he
did not respond (see Exhibit C).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR notes the applicant provided no documentation to support
his claim, nor did they find such documentation when reviewing his
military records. The applicant did not respond to their 20 Apr 04
letter requesting such documentation. Denial is recommended.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 9 Jul 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. After a thorough review of the
evidence of record and the applicant’s submission, we are not
persuaded he should be awarded the PH. The applicant’s available
military personnel and medical records contained no indication of a
wound sustained by enemy action. The applicant was honorably
discharged from the Regular Air Force on 15 Dec 71 and continued his
career with the Air Force Reserve. An 18 Nov 72 Report of Medical
History for his application as an ART included a physician’s comment
regarding a one-inch scar on the applicant’s left eye area for a
“service connected accident” in Feb 67. An “accident” would not
appear to be an enemy-inflicted injury. The applicant has provided
nothing other than his own assertions to substantiate his claim,
despite being invited to submit supporting materials. In view of the
above and absent persuasive evidence to the contrary, we find the
applicant has failed to sustain his burden of having suffered either
an error or an injustice. However, should the applicant provide
documentation corroborating his contention that he was injured as a
result of an enemy mortar attack on 17 May 67, we would be willing to
review his appeal for possible reconsideration. Until then, 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 19 August 2004 under the provisions of AFI 36-
2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Jean A. Reynolds, Member
Ms. Beth M. McCormick Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01076 was considered:
Exhibit A. DD Form 149, dated 19 Mar 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 6 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 9 Jul 04.
WAYNE R. GRACIE
Panel Chair
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