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AF | BCMR | CY2004 | BC-2004-01702
Original file (BC-2004-01702.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-01702
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXXX                        HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded with the Purple Heart Medal at Cam Rahn Bay,  Vietnam,  after
being shot in the left chest on 8 August 1968.  He  wore  the  Purple  Heart
Medal for the next three years while on active  duty.   He  made  lieutenant
colonel below the zone and was wearing the Purple Heart Ribbon in  his  file
photo on 24 November 1971.  During  a  recent  review  of  his  records,  he
discovered the Purple Heart was not listed on his DD  Form  214,  Report  of
Separation From Active Duty.

In support of his application, the applicant provides a  personal  statement
and pertinent copies of  his  military  service  records.   The  applicant’s
complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Prior to joining the Air Force, the applicant served as an  enlisted  member
in the Navy Reserve from 25 August 1943  to  25 March  1946.   He  served  2
years, 7 months, and 1 day of active duty while in the Navy Reserve.   On  4
September 1956, the applicant was appointed a first lieutenant,  Reserve  of
the Air Force (ResAF), and was ordered to active duty on  26  October  1956.
The applicant served in the Nursing career field in the Air  Force  and  was
progressively  promoted  to  the  permanent  grade  of  lieutenant   colonel
effective 1 October 1972.  The applicant served in the Republic  of  Vietnam
from 1 November 1967 to  29 October  1968.   His  DD  Form  214,  Report  of
Separation From Active Duty, reflects  his  awards  as  the  Bronze  Service
Medal with “V” device, Bronze Star Medal with one  oak  leaf  cluster,  Army
Commendation Medal,  Health  Decoration,  National  Defense  Service  Medal,
Asiatic-Pacific Campaign Medal, Air Force Longevity Service Award with  four
oak  leaf   clusters,   European-Africa-Middle   Eastern   Campaign   Medal,
Philippine Liberation  Ribbon,  Vietnam  Service  Medal  with  three  Bronze
Service Stars,  Republic  of  Vietnam  Campaign  Medal,  Small  Arms  Expert
Marksmanship Ribbon, and the Air Force Reserve Medal.

The applicant’s available military  medical  records  indicate  that,  on  8
August 1968, he sustained a superficial gunshot  wound  of  the  left  chest
while stationed at Binh Thuy Air  Base,  Republic  of  Vietnam.   After  his
initial treatment at Binh Thuy Air Base, he was transferred the next day  to
Cam Rahn Bay Air Force Hospital for further treatment.

The applicant was honorably released from active duty on 31 March  1974  and
retired for years of service, effective 1 April 1974.  He served a total  of
20 years and 6 days on active duty.

On 12 July 1999, the applicant wrote  to  the  Air  Force  Personnel  Center
(AFPC) requesting his DD Form 214 be corrected  to  add  the  award  of  the
Purple Heart Medal.  On 5 August  1999,  AFPC  Recognition  Programs  Branch
responded to the  applicant  indicating  they  were  unable  to  verify  his
entitlement to the Purple Heart Medal and provided him with a  list  of  the
criteria on which award of the Purple Heart is based.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR  recommends  denial.   DPPPR  states   that   even   though   the
applicant’s medical record indicates he was treated for wounds to his  chest
sustained on 8 August 1968, there is no evidence stating he was  wounded  as
a direct result of enemy action.  In  addition,  there  is  no  evidence  to
prove that he  was  ever  awarded  the  Purple  Heart  Medal.   Without  the
necessary information and  documentation  to  substantiate  the  applicant’s
claim, they are not able to verify his eligibility for award of  the  Purple
Heart Medal.  The 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  16
July 2004, 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  available
records, we found no evidence that the individual is eligible for the  award
of the Purple  Heart  Medal.   According  to  the  evidence  presented,  the
applicant received medical treatment on 8  August  1968  for  a  superficial
gunshot wound of the left chest while  stationed  at  Binh  Thuy  Air  Base,
Republic  of  Vietnam.   The  applicant  did  not  provide  any  documentary
evidence to substantiate his claim that  he  was  wounded  in  action  as  a
direct result of enemy action, or that he was recommended for,  or  awarded,
the Purple Heart Medal.  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,  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 15 September 2004, under the provisions of AFI 36-2603:

            Mr. Laurence M. Groner, Panel Chair
            Ms. Jean A. Reynolds, Member
            Ms. Carolyn B. Willis, Member


The following documentary evidence for AFBCMR Docket Number
BC-2004-01702 was considered:

      Exhibit A.  DD Form 149, dated 20 May 04, with attachments.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPR, dated 8 Jul 04.
      Exhibit D.  Letter, SAF/MRBR, dated 16 Jul 04.




                                  LAURENCE M. GRONER
                                                   Panel Chair

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