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AF | BCMR | CY2004 | BC-2004-01243
Original file (BC-2004-01243.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01243
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

Award of the Purple  Heart  (PH)  for  injuries  sustained  in  January  and
February 1968.
_________________________________________________________________

APPLICANT CONTENDS THAT:

His back, right hip and legs were injured  in  January  and  February  1968.
However, since the injuries were not life threatening,  he  did  not  report
them at the time the incidents occurred.

No supporting documents were provided.  The applicant’s complete  submission
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date  (TAFMSD)  is  24
June 1955.   He  was  progressively  promoted  to  the  grade  of  technical
sergeant (E-6), with an effective date and date of rank of 1 May 1970.

The applicant’s DD Form 214 covering his  third  enlistment  period,  28 May
1965 - 27 May 1969, reveals 1 year, 5 months and 24 days of  foreign  and/or
SEA service.  He was awarded the Vietnam  Service  Medal  (VSM)  with  three
Bronze Service Stars (3 BSS), the Air Force Good Conduct Medal (AFGCM)  with
one Oak Leaf Cluster (1OLC), Air Force Commendation Medal  (AFCM),  the  Air
Force Longevity Service Award (AFLSA) w/2OLCs, the National Defense  Service
Medal (NDSM) and the Republic of Vietnam Campaign Medal (RVCM).

On 31 August 1975, the applicant was relieved from active duty in the  grade
of technical sergeant (E-6) and retired,  effective  1 September  1975.   He
had completed a total of 20 years, 2  months  and  7  days  of  active  duty
service for retirement.

The records  of  the  Department  of  Veterans  Affairs  (DVA)  reflect  the
applicant was granted a 100 percent combined disability rating from 24  July
1998.
_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPPR  states  that  to
be awarded the PH, a member must provide documentation to support the  wound
received was a direct result of enemy action and must have received  medical
treatment by medical personnel.  DPPPR researched the applicant’s  personnel
records and found no support  for  award  of  the  PH.   The  HQ  AFPC/DPPPR
evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  6 August
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.  To be  awarded  the  Purple
Heart, a member must provide documentation to support he was wounded by  the
enemy while in combat or as a direct  result  of  enemy  actions.   Indirect
injuries do not meet the criteria for award of the Purple Heart.  We do  not
wish to deprive the applicant of an award to which he is entitled;  however,
based on the evidence before us, we have no recourse but  to  conclude  that
his request for the Purple Heart should be denied.
_________________________________________________________________

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 28 October 2004, under the provisions of AFI 36-2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Mr. Michael J. Maglio, Member
                  Ms. Martha A. Maust, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-01243.

   Exhibit A.  DD Form 149, dated 4 Apr 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 30 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 6 Aug 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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