RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01567
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXX                    COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show the award of the Purple Heart Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He received a letter from the Air Force, dated 4 March 2004, stating he  was
awarded Combat-Related Special Compensation (CRSC).  In paragraph 2  of  the
letter, it indicated he is total combat-related  disabled  including  Purple
Heart.  Since he was  awarded  Combat-Related  Special  Compensation  (CRSC)
based on his Purple Heart, his DD Form  214,  Armed  Forces  of  the  United
States Report of Transfer or Discharge, should be corrected to  reflect  his
award.

In  support  of  his  application,  the   applicant   provides   copies   of
congressional  correspondence,  a  medical  record  dated  29  August  1968,
AFPC/DPPD/CRSC letter dated 4 March 2004, an Internet information  sheet  on
CRSC, DFAS letter dated 5 October 2001, Disabled  American  Veterans  letter
dated 29 September  2003,  and  VA  letter  dated  12  February  1982.   The
applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 September 1946, the applicant enlisted in the Regular Army at the  age
of 17 in the grade of private (E-1)  for  a  period  of  three  years.   The
applicant was progressively promoted to the rank of technical  sergeant  (E-
6) with a date of rank of 1 February 1954.  He performed duties as a  Ground
Radio Communications Technician.  The applicant served  in  Vietnam  from  7
February 1966 to 30 May 1967.

According to  a  line  of  duty  determination  signed  17  July  1968,  the
applicant was seen on 14 May  1967  after  sustaining  a  contusion  of  the
brain,  left  temporal  lobe  with  clotting.   The  alleged   circumstances
reflected on the form indicate that there were  conflicting  stories  as  to
the cause of the injury; however, it states the  applicant  was  injured  at
approximately 2300 hours on 13 May 1967, near Saigon, Vietnam, when  he  was
driving a motorcycle and was  involved  in  an  accident.   In  the  remarks
section of the form, it indicates  another  story  that  the  applicant  was
injured while driving a jeep in Saigon and a  mortar  shell  exploded.   The
applicant’s injuries were determined to be in the line of duty.

A retirement order dated 19  September  1968  indicates  the  applicant  was
relieved from active duty on 3 October 1968  and  placed  on  the  Temporary
Disability Retired List (TDRL) effective 4 October 1968, with a  compensable
percentage of disability of  100%.   He  was  credited  with  21  years,  11
months, and 27 days for retirement.

On 24 February 1972, the Secretary of the Air Force directed  the  applicant
be removed from TDRL and permanently retired with  a  disability  rating  of
90% effective 16 March 1972.

On 16 October 1976, the  applicant’s  spouse  requested  the  award  of  the
Purple Heart Medal for her husband.  On  28  October  1976,  the  Air  Force
office of primary responsibility responded  that  there  was  no  conclusive
evidence to justify  the  award  to  the  applicant  because  the  available
evidence did not indicate that her husband’s injury,  sustained  on  13  May
1967, was incurred as a result of a direct act of a hostile foreign force.

A Department of Veterans  Affairs  (DVA)  letter  dated  12  February  1982,
indicates the  applicant  was  approved  for  a  combined  service-connected
disability of 90%;  however,  he  receives  a  100%  disability  because  of
individual unemployability.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR indicates that for award of the  Purple
Heart Medal, a member must provide a detailed personal  account,  eyewitness
statements, and  medical  documentation  to  show  that  his  or  her  wound
received treatment by medical personnel and occurred as a direct  result  of
enemy action.   DPPPR states that after a review of the applicant’s  records
and his submission, they find no  evidence  to  support  the  award  of  the
Purple Heart Medal.  The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  13
August 2004 for review and response 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  available
records, we found no evidence that the applicant is eligible for  the  award
of the Purple Heart Medal.  The applicant received medical treatment  on  14
May 1967 for a contusion of the brain, left temporal lobe with clotting  and
there is conflicting information in the applicant’s records  as  to  how  he
was injured.  When his spouse requested the award of the Purple Heart  Medal
for  her  husband  in  October  1976,  the  Air  Force  Office  of   Primary
Responsibility (OPR) determined that there was  no  conclusive  evidence  to
justify the award to the applicant because the available  evidence  did  not
indicate that his injury, sustained on  13  May  1967,  was  incurred  as  a
result of a direct act of  a  hostile  foreign  force.   The  applicant  has
provided no documentary evidence that  was  previously  unavailable  at  the
time he was injured or when his spouse’s request for the award was  declined
by the  Air  Force  OPR  that  would  show  to  our  satisfaction  that  the
circumstances of his injury met the criteria for award of the  Purple  Heart
Medal or that he was recommended for, or awarded,  the  Purple  Heart.   The
personal sacrifice the applicant endured for his country is  noted  and  the
recommendation to deny the requested relief in no way  diminishes  the  high
regard we have for his service.  Nevertheless, in view of the above  and  in
absence of evidence to the contrary, we find no basis to favorably  consider
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 16 November 2004, under the provisions of AFI 36-2603:

      Ms. Marilyn M. Thomas, Vice Chair
      Ms. Kathleen F. Graham, Member
      Ms. Janet I. Hassan, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2004-01567:

      Exhibit A.  DD Form 149, dated 4 Jun 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/ DPPPR, dated 5 Aug 04.
      Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.




                                                   MARILYN M. THOMAS
                                                   Vice Chair