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AF | BCMR | CY2005 | BC-2005-00126
Original file (BC-2005-00126.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                        DOCKET  NUMBER:   BC-2005-
00126
                                             INDEX CODE:  107.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  YES



MANDATORY CASE COMPLETION DATE:  11 JULY 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He ruptured his eardrum while dive-bombing during the  Vietnam  War
in 1966.  He was operated on and his eardrum was replaced.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

Applicant served in the Army Air Corps from 29 Jan 43 to 18 Feb 46.
 He served in the Air Force in an enlisted status from 10 Nov 49 to
15 Dec 50.  He  was  commissioned  on  16  Dec  50  and  served  on
continuous active duty until his retirement  effective  1  Sep  75.
His DD Forms 214, Reports of Separation from Active  Duty,  reflect
he was awarded the Air Force (AF) Outstanding Unit Award with three
Oak Leaf Clusters (OLC’s) and one “V” Device, Republic  of  Vietnam
Campaign Medal, National Defense Service Medal,  with  one  device,
Korean Service Medal, with one Bronze Service Star, United  Nations
Service Medal, with one Bronze Service Star, World War  II  Victory
Medal, American Campaign  Medal,  Small  Arms  Expert  Marksmanship
Ribbon,  Vietnam  Service  Medal,  with  Bronze  Service  Star,  AF
Longevity Service Award, with one Silver  Cluster  and  one  Bronze
Cluster, Meritorious Service Medal, Air Medal, with one OLC, and AF
Commendation Medal, with one OLC.

An Aeromedical Summary dated 22 Apr  74,  states  applicant  had  a
history of chronic suppurative  otitis  media,  bilaterally,  since
childhood with a multiple episodes of ruptured  tympanic  membrane.
He began flying in 1951 and in the interim until 1954  had  several
episodes   of   suppurative   right    otitis    media    requiring
hospitalization.  By 1954, he had  developed  a  significant  right
side hearing loss and was granted a waiver for his hearing  defect.
The applicant had little difficulty with ear infection  after  1955
until 18 December 1966 when he suffered a ruptured  right  tympanic
membrane while dive bombing over North Vietnam in a F105.   He  was
subsequently evacuated to Clark  AFB  and  then  to  Maxwell  where
tympanoplasty was performed in January of 1967.

The Officer Effectiveness Report (OER) covering the period 9 Sep 66
through 10 Sep 67 reflects applicant “was hospitalized  because  of
an ear injury resulting from his flying duties.”

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request be denied.  To  be
awarded the PH a member must provide a detailed  personal  account,
eyewitness statements, and medical documentation to show the  wound
received treatment by medical personnel and occurred  as  a  direct
result  of  enemy  action.   The  applicant  did  not  attach   any
supporting documentation to support his claim.  AFPC researched the
applicant’s personnel record and could not  find  any  support  for
award of the PH.

A complete copy of the Air Force evaluation is attached at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 18 May 2005, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment 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.  After  thoroughly
reviewing the evidence of record, we are unpersuaded the  requested
relief should be granted.  The  applicant’s  contentions  are  duly
noted; however,  we  do  not  find  these  assertions,  in  and  by
themselves,  sufficiently  persuasive  to  override  the  rationale
provided by the Air Force.  Therefore, in the absence  of  evidence
to the contrary, we find no compelling basis to recommend  granting
the relief sought in this application.

4.  The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or without counsel  will
materially  add  to  our  understanding  of  the  issue   involved.
Therefore, the request for a hearing is not favorably considered.

___________________________________________________________________

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-
00126 in Executive Session on 24 August 2005, under the  provisions
of AFI 36-2603:

      Ms. Kathleen F. Graham, Panel Chair
      Mr. Michael K. Gallogly, Member
      Mr. John B. Hennessey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 4 Jan 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 13 May 05.
    Exhibit D.  Letter, SAF/MRBR, dated 18 May 05.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair

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