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AF | BCMR | CY2005 | BC-2005-00108
Original file (BC-2005-00108.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2005-00108
            INDEX CODE:  107.00
            COUNSEL:  NONE
      HEARING DESIRED:  NO



MANDATORY CASE COMPLETION DATE:  2 JULY 2006


_______________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He was not awarded the Purple Heart for an injury  incurred  on  5 May  1968
while at Pleiku AFB, Vietnam.

In support of his appeal, the applicant provides an excerpt of  his  medical
records.  The applicant’s submission, with attachment, is at Exhibit A.

_______________________________________________________________

STATEMENT OF FACTS:

The  applicant’s  records  were   lost   or   destroyed   and   efforts   at
reconstruction have been, for the most part,  unsuccessful.   The  following
is the only known information pertaining to the applicant's service and  was
extracted from the documents provided by the applicant.

The applicant enlisted in the Air Force on 27 January 1965.  On  15  January
1969, he was honorably released from active duty, having served 3 years  and
11 months and 19 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 26 January 1971.

His discharge document  reflects  he  was  awarded  the  Small  Arms  Expert
Marksmanship Ribbon; National Defense Service Medal, Vietnam  Service  Medal
with 1 Oak Leaf Cluster; Republic of Vietnam  Campaign  Medal  and  the  Air
Force Good Conduct Medal.

_______________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.   DPPPR  states  that  the
applicant has not provided any  specific  or  detailed  information  on  any
injury or wound incurred as a direct result of enemy  action.   The  medical
record that was submitted as treatment for injuries does  not  indicate  how
injuries were sustained.  The AFPC/DPPPR evaluation is at Exhibit C.

_______________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 March 2005, a copy of  the  Air  Force  evaluation  was  sent  to  the
applicant for review and comment.  As of this  date,  this  office  has  not
received a response.

_______________________________________________________________

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  the  Purple  Heart  for  an  injury
sustained on 5 May 1968 while at Pleiku  AFB,  Vietnam.   After  a  thorough
review of the available records, we found no evidence  that  the  individual
is eligible for the award of the  Purple  Heart  Medal.   According  to  the
evidence presented, the applicant received medical treatment on 5  May  1968
for an abrasion  to  the  left  hand.   However,  there  is  no  documentary
evidence to substantiate he was wounded in action  as  a  direct  result  of
enemy action, or that he was recommended for, or awarded, the  Purple  Heart
Medal.  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 request 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 in  Executive
Session on 5 May 2005, under the provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Sue A. Lumpkins, Member
                 Mr. James W. Russell, Member

The following documentary evidence for AFBCMR  Docket  Number  05-00108  was
considered:

    Exhibit A.  DD Form 149, dated 22 Oct 04, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.





                                   RICHARD A. PETERSON
                                   Panel Chair



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