RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00042
INDEX NUMBER: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 7 JUL 06
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured during a rocket attack on 30 Oct 68, at Bien Hoa Air Base,
Vietnam. He dislocated his left shoulder and received a cut over his eye
from flying objects. When asked to accept the PH, he refused. His doctor
never submitted the paperwork required.
In support of his application, the applicant submits a copy of a Standard
Form 600, Health Record.
Applicant’s complete submission, with attachment, is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
The records reflect that applicant served on active duty in the Air Force
from 5 Aug 65 – 10 Nov 68. His DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) reflects 3 years, 3 months, and 6
days of total active service. He was awarded the Air Force Good Conduct
Medal, National Defense Service Medal, the Vietnam Service Medal, Republic
of Vietnam Campaign Medal, and the Small Arms Expert Marksmanship Ribbon.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the application be denied, and states, in part,
that there is no evidence in the applicant’s medical or personnel records
to substantiate that he was injured as a direct result of enemy action.
The cause of his injuries on 30 Oct 68 is unclear.
To be awarded the Purple Heart (PH), a member must provide documentation to
support he was wounded as a direct result of enemy action and must have
received medical treatment by medical personnel. The member submitted a
medical report for treatment of injuries, written on 30 October 1968, but
there is no indication of how the injuries were sustained.
On 2 Mar 05, the applicant’s military record was forwarded to the Purple
Heart Review Board (PHRB), the approval authority for the award of the PH.
The PHRB disapproved the request for the award of the PH. The PHRB
determined there was not enough documentation to support the claim of
wounds received as a direct result of enemy action.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 Mar 05, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, no
response has been received by this office (Exhibit D).
___________________________________________________________________
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
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 applicant has not been the victim of an error or injustice. Therefore,
in the absence of evidence to the contrary, we find no compelling 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 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 Docket Number BC-2005-00042
in Executive Session on 28 April 2005, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. Charlie E. Williams Jr., Member
Mr. Gregory A. Parker, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Dec 04, w/atch.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 15 Mar 05.
Exhibit D. Letter, SAF/MRBR, dated 25 Mar 05.
MICHAEL K. GALLOGLY
Panel Chair
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