RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2003-03616
            INDEX NUMBER: 107.00

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED:  NO


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APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC)  and  the  Purple  Heart,
with Oak Leaf Cluster (PH, 1 OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He sustained wounds as a direct result of enemy action during an air  combat
mission near Ho Chi Mihn Trail in Laos and Vietnam  in  June  1970.   During
the mission, his aircraft was hit approximately 28  times  by  enemy  ground
fire and he was wounded three times.   Medical  personnel  at  the  hospital
treated  his  wounds,  and  he  was  later  medically  evacuated  to  better
facilities.

In support of the appeal,  applicant  submits  two  statements  from  former
members of his base of assignment.  One statement is from an  eyewitness  to
the mission and the other is from an individual who spoke  with  him  during
his convalescent leave as  a  result  of  his  injuries.   In  addition,  he
provides  a  statement  from  a  civilian  physician  indicating  that   the
applicant’s experience in Vietnam had a direct bearing  on  the  progression
of his coronary artery disease, and a statement  from  a  former  Air  Force
nurse who was one of the medical corps that treated him following  his  tour
in Southeast Asia.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a  former  aircraft  maintenance  mechanic  who  served  on
active duty from 28 March 1969 through 4 January 1973.   He  served  in  the
Indochina and Vietnam areas of operation from  18 March  1970  to  18  March
1971, as a crew chief and back seat observer of an OV-10 aircraft  with  the
23rd Forward Air Command (FAC) Tactical Airlift Support Squadron  at  Nakhon
Phanom, Thailand.  From 15 to 23 May 1970, he was  assigned  Temporary  Duty
(TDY) to U-Tapao Republic of Thailand Air Base  for  medical  treatment  and
consultation.  From 5 June to 5 July 1971, he was  assigned  TDY  to  Pleiku
AB, Republic of Vietnam (RVN) for manning assistance  at  the  direction  of
7th Air Force due to operational emergency.

On 3 October 2003, the Department  of  Veterans  Affairs  (DVA)  denied  his
claim for service connection for status post  shell  fragment  wound,  lower
abdomen.

The DFC was established by Congress  on  2 July  1926  and  is  awarded  for
heroism or extraordinary achievement while participating in  aerial  flight.
The performance of the act of heroism must be evidenced by voluntary  action
above and beyond the call of duty.

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  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the  applicant’s  request  for  the  PH  and
states, in part, that the medical documentation  in  his  records  does  not
indicate that he suffered an injury or wound as a  direct  result  of  enemy
action; therefore, they are unable to verify his entitlement to the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The statements he provides indicate that he took the hits, his  wounds  were
witnessed, and he was transported immediately  to  the  local  hospital  for
treatment.  Furthermore,  his  medical  records  indicate  that  he  had  an
operation.  The operation was to remove a piece of metal that had lodged  in
his stomach and to remove shrapnel from his buttocks.   He  should  also  be
awarded the Distinguished Flying Cross (DFC) for a rescue  recovery  mission
that he volunteered for, as described in the  eyewitness  statement  from  a
former crew chief.  Prior to departure on  the  mission,  he  diagnosed  the
aircraft’s malfunction, brought the necessary replacement  part,  flew  down
on the ground with the pilot, and  despite  sustaining  enemy  ground  fire,
repaired the aircraft.  As a result  of  his  actions,  the  pilot  and  his
aircraft were saved.

Applicant’s complete response, with attachments, is at Exhibit E.

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request  for  award  of  the
DFC and states, in part, that there is no evidence he was  recommended  for,
or awarded the DFC.  The  applicant  did  not  provide  any  information  to
substantiate his claim.

The AFPC/DPPPR evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

He  flew  with  Air  America,  Flight  Operations  (Special),  Forward   Air
Controllers (FAC), and the Phoenix Project.  He was  part  of  a  team  that
coordinated missions and were in classified locations and  did  things  that
were top secret.  As such, they were not given written orders.

Applicant’s complete response, with attachments, is at Exhibit I.

_________________________________________________________________

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 thoroughly  reviewing  the  evidence
of record and noting the applicant’s contentions, we are not persuaded  that
he has been the victim of an error or injustice.  In this respect,  we  note
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  that  the
wound have required or received treatment by medical personnel.  The DFC  is
awarded for heroism or  extraordinary  achievement  while  participating  in
aerial flight.  The performance of the act of heroism must be  evidenced  by
voluntary action  above  and  beyond  the  call  of  duty.   The  statements
provided by the applicant are duly noted; however, they contain no  specific
information,  i.e.,  the  dates  of  the  incidents,  the  nature   of   the
applicant’s injuries, and details of  the  treatment  his  wounds  received.
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  Purple  Heart  Medals  and  a  Distinguished  Flying   Cross.
Therefore,  in  the  absence  of  evidence  to  the  contrary,  we  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.  Should the applicant provide additional statements  containing
specific details regarding his injuries as a direct result of enemy  action,
and the rescue/recovery mission of  the  OV-10  pilot  and  crewmember,  the
Board will reconsider his requests.

_________________________________________________________________

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-2003-03616
Session on 3 August 2004, under the provisions of AFI 36-2603:

                       Ms. Olga M. Crerar, Panel Chair
                       Mr. John B. Hennessey, Member
                       Mr. James W. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 03, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, Applicant, dated 1 Apr 04, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 22 Apr 04.
    Exhibit G.  Letter, AFPC/DPPPR, dated 27 May 04.
    Exhibit H.  Letter, AFPC/DPPPR, dated 28 May 04, w/atchs.
    Exhibit I.  Letter, Applicant, dated 14 Jun 04.
    Exhibit J.  Letter, SAF/MRBR, dated 18 Jun 04.





                                   OLGA M. CRERAR
                                   Panel Chair