RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2004-03113
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  9 APRIL 2006


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded two Purple Hearts (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

While in Saigon, he was assigned to the React  Team  and  conducted  various
security duties.  He jumped on the side of a moving  truck  with  Vietnamese
soldiers who later stopped long enough so he could release himself from  the
truck and fall the rest of the way to the ground.   His  left  shoulder  was
dislocated and had other bruises.  He was put on light duty for  two  weeks.


During small arms fire and rocket attack, his team was the  second  line  of
defense behind the South Vietnamese whose position was  outside  the  double
fence line.  The South Vietnamese bunker  took  heavy  fire  and  many  were
dying.  He decided to reach the bunker to help these soldiers.  He  found  a
soldier who was still alive and put him across his back.  During an  intense
round of incoming fire, he crawled as far  as  he  could  and  continued  to
carry him through the razor ribbon area.  He couldn’t  tell  if  he  or  the
Vietnamese  soldier  was  bleeding.   He  was  later  told  he   was   being
recommended for the Bronze Star.

In support of his appeal, applicant submits a personal statement, a copy  of
his DD Form 214, a letter from AFPC/DPPRSP correcting his  DD  Form  214  to
reflect the award of the Bronze Star  Medal,  First  Oak  Leaf  Cluster,  VA
Rating Decision, photograph of veteran’s scar and an  extract  copy  of  his
Veterans Administration rating decision.  Applicant’s  complete  submission,
with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Records indicate the applicant enlisted in the Regular Air Force  on  1 June
1966 for a period of 4 years.  He was progressively promoted  to  the  grade
of sergeant (E-4).  He performed duties as a Security Policeman.

On 31 March 1970, the applicant was honorably  released  from  active  duty,
for the Convenience of  the  Government  (Early  Release  Due  to  Budgetary
Limitations), having served 3 years and  10 months  of  continental  service
and 11 months and 25 days of foreign service.  He  was  transferred  to  the
Air Force Reserve for completion of his military service obligation (31  May
1972).  His DD Form  214  reflects  he  was  awarded  the  National  Defense
Service Medal, Vietnam Service Medal w/ One Bronze Service Star, Small  Arms
Expert Marksmanship Ribbon, the Republic of Vietnam Campaign Medal  and  the
Air Force Good Conduct Medal.

On 29 July 2004, during a records review, the Separation  Procedures  Branch
identified an error in Item 24, Decorations, Medals,  Badges,  Commendation,
Citations and  Campaign  Ribbons  Awarded  or  Authorized,  and  issued  the
applicant a DD Form 215, Correction to DD Form 214, reflecting the award  of
the Bronze Star Medal w/ V Device.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The  BCMR
Medical Consultant states  the  applicant  experienced  two  recurrent  left
shoulder dislocations prior to his arrival in Vietnam.  There is no  service
documentation that indicates how his third dislocation while in Vietnam  was
incurred.  While the dislocated shoulder if due to hand to hand combat  with
the enemy would qualify, there is  no  documentation  to  support  how  this
injury was incurred.  The BCMR Medical Consultant further states that  there
is no documentation that the applicant received care  for  a  laceration  of
the left forearm and this would also be considered an  indirect  injury  and
would not  qualify  for  award  of  the  Purple  Heart.   The  BCMR  Medical
Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 16 May 2005, in response to the Air Force evaluation,  applicant  submits
documentation regarding his PTSD Questionnaire.  The applicant’s  letter  is
at Exhibit E.

_________________________________________________________________

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.   We  took  notice  of  the  applicant’s
contention that he should be awarded two Purple Heart  Medals  for  injuries
sustained to the left shoulder and for a laceration  to  the  left  forearm.
After a thorough review of his submission and the  supporting  documentation
he provided, his Veterans Administration Rating  Decision,  which  indicates
his left  shoulder  dislocation  was  established  as  directly  related  to
military service, this statement alone does not persuade us that  he  should
be awarded two Purple Heart Medals.  There is no evidence  in  his  military
medical records of medical treatment for the wounds he alleges he  sustained
or that the  wounds  were  a  direct  result  of  enemy  action.   While  we
appreciate  and  honor  the  applicant’s  service  to  his  country,  absent
sufficient documentation to support his eligibility for award of the  Purple
Heart, we find no 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 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 04-03113 in Executive Session  on  14  June  2005,  under  the
provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Patricia R. Collins, Member
            Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 5 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.
    Exhibit E.  Documents, Applicant.


                                   MICHAEL J. NOVEL
                                   Panel Chair