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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