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
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