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AF | BCMR | CY2005 | BC-2005-00648
Original file (BC-2005-00648.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00648
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

      XXXXXXXXXXX                            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  28 AUG 06


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal (PH).
_______________________________________________________________

APPLICANT CONTENDS THAT:

He received injuries to both legs in 1967  in  Dong  Ha,  Vietnam  during  a
rocket attack.  He was told he had earned a PH but  he  never  received  it.
His  medical  records  contain  ample  documentation  to  substantiate   his
injuries.  He is currently rated as  a  service  connected  veteran  and  is
receiving compensation.

Applicant provides no supporting documentation.  The applicant’s  submission
is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 13 October 1965, the applicant enlisted in the Regular Air Force  in  the
grade  of  private  for  a  period  of  four  years.   The   applicant   was
progressively promoted to the rank of sergeant (E-4), effective and  with  a
date of rank of 1  February  1968.   The  applicant’s  records  indicate  he
performed overseas duty in DaNang AB, Vietnam.

The  applicant’s  medical  records  indicate  that  he  was  diagnosed  with
deafness, conductive, with cause unknown, but probably due to  Otosclerosis.


On 12 February 1969, he was honorably  released  from  active  duty,  having
served 3 years and 4 months on active duty of which 2 years and 3  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 12 October 1971.

His separation  document  reflects  he  was  awarded  the  National  Defense
Service Medal, Air Force Commendation Medal, Air Force Good  Conduct  Medal,
Vietnam Service Medal with one bronze star,  Republic  of  Vietnam  Campaign
Medal and the Air Force Outstanding Unit Award.

On 1 August 2002,  the  Veterans  Administration  awarded  the  applicant  a
disability compensation/pension based on a compensable  rating  of  60%  for
conditions  associated  with  status  post  right  total  knee  replacement;
osteoarthritis changes.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be  denied.   DPPPR  states  that  the
applicant has not provided documentation to support the wound  received  was
a direct result of enemy action; therefore they are  unable  to  verify  his
eligibility for award of the Purple Heart Medal.  The AFPC/DPPPR  evaluation
is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 6 May 2005, a copy of the Air Force evaluation  was  forwarded  to  the
applicant for review and comment.   As  of  this  date,  this  office  has
received no 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.  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 injured both knees on 29  October  1967  when  he  jumped  from  a
building to a sandbag bunker.  There is no indication in  his  records  that
his injuries met the criteria for award of the Purple Heart.  The  applicant
did not provide any documentary evidence to substantiate his claim  that  he
was wounded in action as a direct result of enemy action,  or  that  he  was
recommended  for,  or  awarded,  the  Purple  Heart  Medal.   The   personal
sacrifice  the  applicant  endured  for  his  country  is  noted   and   the
recommendation to deny the requested relief in no way  diminishes  the  high
regard we have for his service.  Nevertheless, in  view  of  the  above,  we
find no basis to favorably consider 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 this application in  Executive
Session on 10 August 2005, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Jan Mulligan, Member
            Ms. Patricia R. Collins, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2005-00648:

    Exhibit A.  DD Form 149, dated 16 Feb 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 Apr 05.
    Exhibit D.  Letter, SAF/MRBR, dated 6 May 05.



                                   MICHAEL J. NOVEL
                                   Panel Chair

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