Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2004-03510
Original file (BC-2004-03510.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03510
            INDEX CODE:  107.00
      xxxxxxxxxxxxxxxx COUNSEL:  NONE

      xxxxxxxxxxxxxxx  HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured in February 1968 while in the Republic of Vietnam.   He
sustained shrapnel wounds to his feet on his way to the bunker.

In support of his request,  applicant  submits  a  copy  of  Symptoms,
Diagnosis, Treatment, Treating Organization report.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s military personnel  records  reflect  that  he  served  on
active duty from  27  January  1965  through  3  December  1968.   His
enlisted performance reports for the period 21 October 1967 through 30
June 1968, reveals he was assigned to the 3rd Tactical  Fighter  Wing,
Bien Hoa AB, Republic of Vietnam.

His medical records reveal that on 13 February 1968,  he  was  treated
for abrasions to both feet and knees.

His report of separation reflects award of  the  Republic  of  Vietnam
Campaign Medal, the Vietnam Service Medal, and the Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommended  the  applicant's  request  be  denied.   DPPPR
states that after review of applicant’s record,  they  are  unable  to
find evidence that the abrasions to his feet and knees were  a  direct
result of enemy action.

Therefore, his request does not meet the criteria for award of the  PH
Medal.

The DPPPR evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 7
Jan 2005 for review and comment within 30 days.  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.  We note  that  the  evidence  of
record  shows  that  the  applicant  received  medical  treatment  for
abrasions to his feet  and  knees.   However,  no  evidence  has  been
presented, to reveal how he sustained these abrasions.  The Board also
notes that indirect injuries do not meet  the  criteria  for  injuries
received seeking shelter from mortar or rocket attack.  We took notice
of the complete submission in judging the merits of the case; however,
we agree with the opinion and recommendation of the Air  Force  office
of primary responsibility and adopt its rationale as the basis for our
conclusion that the former member has not been the victim of an  error
or injustice.  Therefore, we  find  no  compelling  basis  to  warrant
favorable consideration of the relief sought in this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of an 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 no considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2004-
03510 in Executive Session on 24 February 2005, under  the  provisions
of AFI 36-2603:


                 Mr. Michael J. Novel, Panel Chair
                 Ms. Carolyn B. Willis, Member
                 Mr. John E. Pettit, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 8 Nov 04, w/atch.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 23 Dec 04.
      Exhibit D. Letter, SAF/MRBR, dated 7 Jan 05.







      MICHAEL J. NOVEL
      Panel Chair




Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-00632

    Original file (BC-2003-00632.doc) Auto-classification: Denied

    His discharge document for the period in question reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal, Air Force Longevity Service Award Ribbon, Vietnam Service Medal, Republic of Vietnam Campaign Medal and the Air Force Outstanding Unit Award. After a thorough review of his submission and the supporting documentation he provided, his Veterans Administration Rating Decision, which indicates that during Vietnam the applicant sustained a wound due to a...

  • AF | BCMR | CY2005 | BC-2005-00648

    Original file (BC-2005-00648.DOC) Auto-classification: Denied

    His medical records contain ample documentation to substantiate his injuries. _________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-2004-00657

    Original file (BC-2004-00657.doc) Auto-classification: Denied

    Applicant’s fourth enlistment period, 23 July 1964 - 22 July 1969, reveals two years and 22 days of foreign and/or SEA service and award of the Vietnam Service Medal (VSM), Air Force Outstanding Unit Award (AFOUA) with two bronze oak leaf clusters (2OLCs), Air Force Good Conduct Medal (AFGCM) w/1OLC, Air Force Commendation Medal (AFCM) and the Air Force Longevity Service Award (AFLSA) w/2OLCs. As of this date, no response has been received by this office (Exhibit D). The applicant has...

  • AF | BCMR | CY2005 | BC-2004-02424

    Original file (BC-2004-02424.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the application for award of the Purple Heart (PH) and the Air Force Commendation Medal (AFCM) be denied. We do not wish to deprive the applicant of awards to which he is entitled; however, based on the evidence before us, we have no recourse but to conclude that his request for the PH, AFCM and CRM should be denied. As to the Cold War Victory Medal, Senior...

  • AF | BCMR | CY2004 | BC-2003-04003

    Original file (BC-2003-04003.doc) Auto-classification: Denied

    His discharge documents for the periods in question reflect he was awarded the Bronze Star Medal, Air Force Commendation Medal, Air Force Outstanding Unit Award, Air Force Longevity Service Award Ribbon, with four Oak Leaf Clusters (4OLC), Air Force Good Conduct Medal (1 Silver OLC), National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal. However, should the applicant provide the above information or testimony from other former members of his unit...

  • AF | BCMR | CY2004 | BC-2004-01243

    Original file (BC-2004-01243.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01243 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Award of the Purple Heart (PH) for injuries sustained in January and February 1968. He had completed a total of 20 years, 2 months and 7 days of active duty service for retirement. As of this date, no response has been received by...

  • AF | BCMR | CY2005 | BC-2005-00857

    Original file (BC-2005-00857.doc) Auto-classification: Denied

    Additionally, while flying several missions over Germany, under extremely cold weather conditions, he received residual cold injuries to his hands and feet (frostbite). After a thorough review of his submission and the supporting documentation he provided, to include the rating assessment from the Veterans Administration, these documents do not persuade us that he should be awarded the Purple Heart Medal. Novel, Panel Chair Mr. Terry L. Scott, Member Ms. Cheryl V. Jacobson, Member The...

  • AF | BCMR | CY2004 | BC-2003-04292

    Original file (BC-2003-04292.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 03-04292 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) for wounds received while serving in the Republic of Vietnam from 1967 through 1968. The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT’S...

  • AF | BCMR | CY2005 | BC-2005-00108

    Original file (BC-2005-00108.doc) Auto-classification: Denied

    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 26 January 1971. According to the evidence presented, the applicant received medical treatment on 5 May 1968 for an abrasion to the left hand. Exhibit B.

  • AF | BCMR | CY2007 | BC-2006-02988

    Original file (BC-2006-02988.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02988 INDEX CODE: 107.00 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 2 Apr 2008 ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) for an injury he received on a combat flight over Vietnam. He provided another copy of the letter to the Board dated 26 September 2006,...