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AF | BCMR | CY2004 | BC-2004-01529
Original file (BC-2004-01529.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01529
            INDEX CODE:  107.00

            COUNSEL:  DONALD G. BELLE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

The applicant, father of the former member, requests that his  son  be
awarded the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The applicant states that his son was killed  while  on  active  duty,
therefore, he believes he deserves a Purple Heart.

In support of the appeal, applicant submits a  copy  of  the  casualty
list.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The former member served on active duty during the period  3 September
1964 through 17 June 1967, with an overseas tour in Vietnam (9 January
1967 through 17 June 1967).  He was appointed second lieutenant  on  3
September 1963.  He was promoted to the grade of first lieutenant on 5
June 1964.  He was promoted to the temporary grade  of  captain  on  3
September 1964 and the permanent grade of captain on 11 February 1966.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPRA states the  Purple  Heart  Medal  is  awarded  for  wounds
received as a result of enemy actions:  in addition, it  is  necessary
that the wound required or received treatment  by  medical  personnel.
If possible, an eyewitness account from  an  individual  who  saw  the
injury and can attest to  the  circumstances  surrounding  the  event.
Indirect injuries do not meet the criteria for  award  of  the  Purple
Heart.  These include, but not limited  to,  injuries  received  while
seeking shelter from mortar attacks, aircraft bombings,  and  injuries
incurred while serving as an aircrew member or in a  passenger  status
as a result of the aircraft’s evasive measures against hostile fire.

The former member’s DD Form 1300, Report of Casualty, item 2 gives the
casualty status of death is  due  to  non-battle  participation.   The
downed military aircraft was deemed as accidental.

On 8 December 1997, AFPC/DPPPRA informed the applicant  that  pursuant
to his letter requesting a review of the former  member’s  awards  and
decorations they feel he is authorized the following decorations:  the
Bronze Star Medal, Air Force Outstanding Unit Award (with Valor  (2)),
National  Defense  Service  Medal,  Vietnam  Service  Medal,  and  the
Republic of  Vietnam  Campaign  Medal.   They  have  included  a  full
replacement set of decorations, which he has been authorized  for  his
military services.

There is no evidence in  the  former  members’  medical  or  personnel
records, which were provided that he had  been  injured  as  a  direct
result of enemy actions.  His injuries were the result of an  aircraft
accident, which does not meet the criteria of this prestigious  award.
Therefore, they recommend disapproval of the applicant’s request.

A complete copy of the evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 June 2004, copies of the Air Force evaluation were  forwarded  to
the applicant and the counsel for review and response within 30  days.
As of this date, no response has been received by this office.

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After a thorough review  of  the
evidence of record, we are sufficiently persuaded  that  the  deceased
member should have been awarded the Purple  Heart.   The  Board  notes
that the casualty status of death was due to non-battle participation.
 However, the area in which the member’s aircraft went down was  in  a
war zone.  In view of the foregoing and in recognition of the deceased
member’s service to the Nation, it  is  our  opinion  that  any  doubt
concerning his entitlement to the Purple Heart should be  resolved  in
his favor.  Therefore, we recommend the deceased  member’s  record  be
corrected to the extent indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he  was  awarded  the
Purple Heart for injuries he received in action against  an  enemy  of
the United States in South Vietnam on 17 June 1967.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 29 July 2004, under the  provisions  of  AFI  36-
2603:

                  Mr. Richard A. Peterson, Panel Chair
                  Ms. Kathleen F. Graham, Member
              Mr. Vance E. Lineberger, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Nov 03, w/atch.
   Exhibit B.  Deceased Member's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 28 May 04.
   Exhibit D.  Letters, SAF/MRBR, dated 4 Jun 04.




                                   RICHARD A. PETERSON
                                   Panel Chair







AFBCMR BC-2004-01529



MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to, be corrected to show that he was awarded the Purple
Heart for injuries he received in  action  against  an  enemy  of  the
United States in South Vietnam on 17 June 1967.






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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