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AF | BCMR | CY2004 | BC-2004-01603
Original file (BC-2004-01603.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-01603
            INDEX CODE:   107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The award is not listed on his DD Form 214.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

During the time period in question, the applicant enlisted  in  the  Regular
Air Force on 7 November 1966.  He was honorably released on 3 November  1970
in the grade of sergeant under the provisions of AFM  39-10.   Subsequently,
the applicant served in the Air  Force  Reserves,  Army  Reserves,  and  the
Hawaii Air National Guard.

According to the applicant’s DD Form  214  -  Armed  Forces  of  the  United
States Report of  Transfer  or  Discharge,  with  a  separation  date  of  3
November  1970,  he  received  the  following  decorations  and   citations:
National Defense Service  Medal  (NDSM),  Vietnam  Service  Medal  with  One
Bronze Service  Star  (VSM  w/1BSS),  Republic  of  Vietnam  Campaign  Medal
(RVCM), and the Air Force Commendation Medal (AFCM).

On  27  March  2003,  a  Department  of  Veterans  Affairs  Rating  Decision
indicates the applicant is receiving compensation for the following:

        Residuals, head injury, with headaches:  0% from  29  October  1973,
10% from 12 September 1975, and 50% from 24 May 1999.

        Post Traumatic Stress Disorder (PTSD):  30% from 21 January 2000.

        Left shoulder injury (minor):  10% from 24 August 1994 and 20%  from
22 January 2001.

        Keloid scar, left shoulder (minor):  10% from 27 December  1972,  0%
from 1 February 1983, and 10% from 2 October 1997.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated the  documentation  submitted
is the same documentation submitted on  the  applicant’s  previous  request.
To be awarded the PH, a member must provide  documentation  to  support  his
claim that the wounds were a direct result of enemy  action  and  must  have
received medical treatment by medical personnel.   These  include,  but  are
not limited to, injuries received  while  seeking  shelter  from  mortar  or
rocket attacks, aircraft bombings, grenades,  and  injuries  incurred  while
serving as an aircraft member or in a passenger status as a  result  of  the
aircraft’s evasive measures against hostile fire.

The evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 August 2004, a copy of the Air Force evaluation was forwarded  to  the
applicant 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.    Insufficient relevant evidence has been presented to  demonstrate  the
existence of an error or an  injustice.   The  applicant’s  contentions  are
duly noted; however, after thoroughly reviewing the applicant’s  submission,
the Board is not persuaded he should be  awarded  the  Purple  Heart  Medal.
The PH is awarded for wounds received as a direct  result  of  enemy  action
and must have  received  medical  treatment  by  medical  personnel.   These
include, but are not limited to  injuries  received  while  seeking  shelter
from mortar or rocket attacks, aircraft  bombings,  grenades,  and  injuries
incurred while serving as an aircraft member or in a passenger status  as  a
result of the aircraft’s evasive measures against hostile  fire.   There  is
no indication in  the  applicant’s  records  to  substantiate  he  had  been
injured as a direct result of enemy  action.   It  appears  the  applicant’s
previous request for award of the PH Medal was considered and denied by  the
Purple Heart Board.  The personal sacrifice the applicant  endured  for  his
country is noted and our decision in no way diminishes the  high  regard  we
have for his service; however, insufficient documentary  evidence  has  been
presented to warrant awarding him  the  Purple  Heart.   Therefore,  in  the
absence of evidence  to  the  contrary,  we  find  no  compelling  basis  to
recommend granting the relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or an injustice; the application was denied without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2004-
01603 in Executive Session on 4 November 2004, under the provisions  of  AFI
36-2603:

                 Mr. Robert S. Boyd, Panel Chair
                 Mr. Garry G. Sauner, Member
                 Ms. Carolyn B. Willis, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 11 May 2004, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 4 August 2004.
   Exhibit D.  Letter, SAF/MRBR, dated 13 August 2004.




                       ROBERT S. BOYD
                       Panel Chair



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