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AF | BCMR | CY2005 | BC-2004-02009
Original file (BC-2004-02009.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2004-02009
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Silver Star (SS).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

On 31 January 1968, a cease fire was to have occurred at Bein Hoa,  Vietnam.
 Instead the Vietnamese bombed every US base.  He was injured and blood  was
coming out of his scalp.  He didn’t realize he  was  injured  since  he  and
another soldier were pulling out bodies from the bunkers and  saving  lives.
He was treated for his injuries.

In support of his request, applicant submits a copy  of  his  DD  Form  214.
Applicant’s submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  in  the  grade  of  airman
basic (E-1) on 31 May 1965.  Records reflect an  overseas  tour  in  Vietnam
from 5 March 1967 through 2 March 1968.

On 29 November 1968, he was honorably  released  from  active  duty,  having
served 3 years and 5 months and 29 days on active duty of  which  11 months,
and 27 days was foreign service.  After having  been  released  from  active
duty, he was transferred to the Air Force  Reserve  for  completion  of  his
military service obligation, which occurred on 30 May 1971.

His separation  document  reflects  he  was  awarded  the  National  Defense
Service  Medal,  Air  Force  Good  Conduct  Medal,  Vietnam  Service  Medal,
Republic of Vietnam Campaign Medal, Small Arms  Expert  Marksmanship  Ribbon
and the Air Force Commendation Medal.

On 22 December 1989, the Recognition Programs Branch, advised the  applicant
that his records showed he is not eligible for award  of  the  Purple  Heart
because of insufficient documentation to support his request for the PH.

On  13  September  2004,  the  Recognition  Program  Section,  advised   the
applicant that his  records  contained  no  documentation  in  his  military
medical records showing he was treated for any wound or injury caused  as  a
direct result of enemy action.  He was also advised that  they  were  unable
to make a determination  concerning  his  entitlement  of  the  SS  due  the
absence of evidence a recommendation had been submitted.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.   DPPPR  states  that  they
were unable to find evidence that his injury was a direct  result  of  enemy
action or that he was treated by medical authorities.  DPPPR further  states
that they were unable to  find  documentation  to  substantiate  applicant’s
claim to ever being recommended for the SS.   The  DPPPR  evaluation  is  at
Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 29 October 2004, a copy of the Air Force evaluation was forwarded to  the
applicant for review and comment.  As of this date,  no  response  has  been
received by this office.

_________________________________________________________________

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.  The applicant contends that he should  be
awarded the Purple Heart for a scalp injury  he  sustained  during  a  bomb
attack at Bein Hoa, Vietnam.  However,  he  has  provided  no  evidence  to
indicate that the injury he  sustained  was  the  direct  result  of  enemy
action.  After a review of his personnel and medical  records,  to  include
his 28 October 1968 separation physical examination  report,  the  evidence
does not persuade us that he should be awarded the Purple Heart Medal.   In
the absence of evidence indicating that the applicant sustained  an  injury
that met the criteria for award of the Purple Heart Medal,  we  agree  with
the  opinion  and  assessment  of  the  Air   Force   office   of   primary
responsibility concerning the applicant’s  request  for  the  Purple  Heart
Medal.  With respect to the applicant’s request for  award  of  the  Silver
Star, other than the applicant’s assertions, we have seen  no  evidence  he
was ever recommended for the Silver Star or that such a recommendation  was
submitted and  improperly  denied.   While  we  appreciate  and  honor  the
applicant’s service to his  country,  in  view  of  the  above  and  absent
persuasive evidence showing  his  records  are  in  error  or  unjust,  the
applicant’s requests cannot be favorably considered.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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  AFBCMR
Docket Number 04-02009 in Executive Session  on  9  March  2005,  under  the
provisions of AFI 36-2603:

            Ms. Kathleen F. Graham, Panel Chair
            Mr. Wallace F. Beard Jr, Member
            Ms. Ann-Cecile M. McDermott, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 June 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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