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AF | BCMR | CY2004 | BC-2004-02609
Original file (BC-2004-02609.doc) Auto-classification: Approved


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-02609
            INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX      COUNSEL:  NONE

      XXXXXXXXXXXXXXXX HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His eardrums were ruptured after a rocket and mortar attack  in  1969.
He went to the MASH station, they put medicated cotton in his ears and
he went back to duty.  The paperwork must have gotten lost.

In support of his request, applicant submits a Department of  Veterans
Affairs memorandum,  Hearing  Connection  Audiologic  Evaluation,  two
witness statements and a personal statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  he  served  on
active duty from 7 December 1949 to 6 December 1953.  He reenlisted on
30 December 1953 and served until  he  was  placed  on  the  Temporary
Disability Retired List (TDRL) on 19 December 1969.   On 16 July 1971,
he was removed from the TDRL  and  retired  in  the  grade  of  master
sergeant.  His AF Form 7, Airman Military  Record,  indicates  he  was
assigned to  the  35th  Field  Maintenance  Squadron,  Phan  Rang  AB,
Republic of Vietnam.  His record reflects award  of  the  Republic  of
Vietnam, Vietnam  Service  Medal  w/1  Oak  Leaf  Cluster  (OLC),  the
Republic of Vietnam, Campaign Medal, the  Korean  Service  Medal,  the
National Defense Service Medal w/1 OLC, the  Good  Conduct  Medal  w/1
Bronze OLC.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended the  applicant's  request  be  denied.   To  be
awarded the PH, a member must provide documentation to support he  was
wounded as a direct  result  of  enemy  action  and  that  the  wounds
required or received medical treatment  by  medical  personnel.   They
researched the applicant’s personnel record and documents attached  to
his appeal and could not find any documentation to  support  award  of
the PH Medal.

The DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he has nothing further to add other than  he
cannot find the MASH records.  He believes his former commander firmly
stated in his letter that his injuries were a result of enemy  action.
He doesn’t believe the facts were properly assessed at AFPC.

_________________________________________________________________

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  an  injustice.   After  a  thorough  review  of  the
applicant’s submission, it is our opinion that  corrective  action  is
warranted in this case.  In this respect, we note that in  support  of
his appeal, applicant submitted a statement  provided  by  his  former
commander.  The commander’s statement asserts that the  applicant  was
one of several ground crew personnel injured when a F-100 aircraft was
hit by an enemy rocket launched from an enemy sight outside  the  base
perimeter.  In view of the foregoing and having no reason to doubt his
commander’s integrity in this matter, it is our opinion that any doubt
concerning the applicant’s entitlement  to  the  PH  Medal  should  be
resolved in his favor.  Accordingly, we recommend that his records  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 on 20 June 1969, for injuries  he  received  in  action
against an enemy of  the  United  States  in  the  Republic  of  the
Vietnam.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
02609 in Executive Session on 9 December 2004, under the provisions of
AFI 36-2603:

                 Mr. Thomas S. Markiewicz, Chair
                 Ms. Ms. Carolyn B. Willis, Member
                 Ms. Dorothy P. Loeb, Member

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

      Exhibit A. DD Form 149, dated 17 Aug 04, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 22 Oct 04.
      Exhibit D. Letter, SAF/MRBR, dated 29 Oct 04.
      Exhibit E. Letter, Applicant, undated.




      THOMAS S. MARKIEWICZ
      Chair



AFBCMR BC-2004-02609



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 XXXXXXXXXXXXXXXXXXXXXXXX, 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 the Republic of the Vietnam on 20 June 1969.








  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency



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