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AF | BCMR | CY2004 | BC-2004-02254
Original file (BC-2004-02254.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02254
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He should have been awarded the PH since he was wounded in Vietnam.

On 18 April 1965, he was performing his duties  as  a  munitions  specialist
and loading 750 pound bombs and napalm  on  a  vehicle  when  he  noticed  a
Vietnamese Air Force truck coming  down  a  forbidden  back  road  of  their
ammunition dump.  He got out of his  truck  and  ran  downhill  towards  the
other men to tell them something did  not  seem  right,  when  there  was  a
tremendous explosion and he felt a burning sensation in his chest.   Further
investigation indicated the Viet Cong had dug a  small  tunnel  out  to  the
center of the road and  placed  a  radio-controlled  mine.   His  truck  was
carrying 6,000 pounds  of  explosives  which  had  detonated  the  mine  and
exploded the Vietnamese Ammunition Truck.

In support of the appeal, applicant submits his personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant contracted his enlistment in  the  Regular  Air  Force  on  21
October 1963 for a period of four years.  He served in Vietnam from 5  April
1965 to 14 May 1965 (39 days).  He was honorably discharged on  23  December
1966.




The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is necessary  the  wound
required or received treatment by medical personnel.  Indirect  injuries  do
not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states,  in  part,  that
they could not find any support for award of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 24 September 2004 for review and response within 30  days.   However,  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.   In  this  respect,  we  note  the  PH  is
awarded for wounds received as a direct result of enemy  action  and  it  is
necessary the wound required or received  treatment  by  medical  personnel.
The applicant contends that on 18 April 1965, he  was  wounded  by  shrapnel
from an unknown explosive device.  The  applicant’s  personal  statement  is
noted; however, he has provided no official  documentation  to  substantiate
the  explosion  was  the  direct  result  of  enemy  action.   The  personal
sacrifice 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.  Should the applicant provide  evidence  that  he  was
injured as a direct result of enemy action, the Board  will  reconsider  his
request.  However,  in the absence of such evidence, we find  no  compelling
basis to recommend granting the relief sought in 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  Docket  Number  BC-2004-02254
in Executive Session on 2 November 2004, under the  provisions  of  AFI  36-
2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Mr. Gregory A. Parker, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.




                                   RICHARD A. PETERSON
                                   Panel Chair

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