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AF | BCMR | CY2004 | bc-2003-02825
Original file (bc-2003-02825.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02825
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  Not Indicated

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  He be awarded the Purple Heart (PH) medal.

2.  His DD Form 214, Armed Forces of the United States  Report  of  Transfer
or Discharge, be corrected to reflect Dog Handler School.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in action on 8 Jul 66 and did not  receive  his  PH.   During
the confusion in a firefight  something  hit  him  under  the  chin  and  he
started to bleed.  The medic told him that whatever hit him must  have  been
pulled out when he wiped his chin with his  sleeve.   The  medic  wiped  the
blood and applied two bandages then left the area to  attend  more  wounded.
He never heard anything about his  wound.   He  received  an  AFCM  for  his
actions during the incident.

In support of  his  request  applicant  provided  a  personal  statement,  a
witness statement, a  copy  of  his  Air  Force  Commendation  Medal  (AFCM)
citation, his dog handler training certificate, and a copy of  his  DD  Form
214.  His complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted  in  the  Regular  Air  Force  on  28  Jan  63.   He  was
progressively promoted to the grade of airman second class  (E-3)  effective
and with a date of rank of 29 May 43.  He was released from active  duty  on
17 Feb 67 and was transferred to the Air Force Reserves.  He  was  honorably
discharged from the Air Force Reserves on 27 Jan 69.   Applicant  served  in
the Republic of Vietnam from 2 Mar 66 through 16 Feb 67.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAC recommends that his DD Form 214 be corrected to read 77150A,  Air
Policeman, Sentry Dog Qualified.  The AFBCMR has been informed that  once  a
decision is rendered regarding his PH request,  his  DD  Form  214  will  be
administratively corrected to reflect his Dog  Handler  qualification.   The
DPPAC evaluation is at Exhibit C.

AFPC/DPPPR recommends  denial.   DPPPR  states  that  there  is  no  medical
documentation showing that the applicant received  any  wounds  or  injuries
and he did not provide any.   His DD Form 214  and  performance  report  for
that period do not reflect that he was wounded as a result of enemy  action.
 His case was denied by the PH Review Board on 22  Oct  03  because  of  the
lack of clear-cut information and documentation showing he  was  wounded  by
the enemy and received medical treatment for a wound.

His separation physical does not show that he has any scars, body  marks  or
tattoos, and other than a disease in 1966 in Phan Rang, he denied all  other
medical or surgery history.  The sentry that noticed his bleeding  chin  did
not state that he saw the applicant being  wounded  as  a  result  of  enemy
action, only that he noticed his chin was bleeding.  There is no  indication
that he made any effort to apply for award of the PH until 35  years  later.
In 2001 he was granted Department of  Veterans  Affairs  (DVA)  compensation
for diabetes and in 2002 he received a disability rating for Post  Traumatic
Stress Disorder.  However, it was not until  after  the  DVA  changed  their
priority rating system to move all PH and  POW  Medal  recipients  that  the
applicant applied for the PH.  The DPPPR evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the  applicant  on  31
Oct 03 for review and comment within 30 days.  As of this date, this  office
has received no response.

Through his Congressman, applicant requested additional time  to  provide  a
response to the Air Force evaluation.  An extension was granted until 1  Jan
04.  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
applicant's submission and the available  evidence  of  record,  we  do  not
believe that he should be awarded the Purple Heart.  We  are  not  persuaded
by the evidence presented that he was medically treated for any wounds  that
were incurred  as  a  direct  result  of  enemy  fire  as  required  by  the
applicable directives for award of the Purple  Heart.   We  agree  with  the
opinion  and  recommendation  of   the   Air   Force   office   of   primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  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 AFBCMR Docket Number  BC-2003-
02825 in Executive Session on 8 Jan 04, under  the  provisions  of  AFI  36-
2603:

      Mr. Roscoe Hinton, Jr., Panel Chair
      Ms. Olga M. Crerar, Member
      Ms. Cheryl Jacobson, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Aug 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAC, dated 1 Oct 03.
    Exhibit D.  Letter, AFPC/DPPPR, dated 27 Oct 03, w/atch.
    Exhibit E.  Letter, SAF/MRBR, dated 31 Oct 03.




                                   ROSCOE HINTON, JR.
                                   Panel Chair

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