RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00815
INDEX CODE: 107.00
XXXXXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 10 SEP 2006
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for a combat injury
received while stationed in Da Nang Vietnam from 7 Feb 69 to
7 Feb 70.
___________________________________________________________________
APPLICANT CONTENDS THAT:
While working on a detail outside of Da Nang Air Base, in 1969,
there was an explosion and they were fired upon with small arms and
hand grenades. The whole fire fight lasted about 1 – 2 minutes.
While in the vehicle on the way back, he realized he had a small
head wound. The hospital examined him and he was told there was
nothing in the wound and to keep it clean.
He also states that he was misdiagnosed at time of the incident in
1969. In August 92, during a medical examination for sinus
problems, he had an x-ray, which showed a spot on the right
forehead. The MRI confirmed that there was a piece of metal in his
forehead. In Jan 05, he had shrapnel removed by the Veteran
Affairs (VA) Hospital.
In support of his appeal, applicant submitted a personal statement,
and an extract from his medical record, dated 14 and 15 Jul 69.
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 21 Dec 56 for a
period of four years. He was progressively promoted to the rank of
technical sergeant with an effective date and date of rank of
1 Mar 76. He was honorably retired on 1 Jan 77. He was credited
with 20 years and 24 days of active duty service.
He was awarded the Air Force Commendation Medal, the Air Force
Longevity Service Ribbon, w/Four Oak Leaf Clusters (OLC), Air Force
Good Conduct Medal, w/three OLC, Air Force Outstanding Unit Award
(AFOUA), and the National Defense Service Medal.
On 15 Sep 93, applicant’s DD Form 214 was corrected to include the
Vietnam Service Medal, the Republic of Vietnam Campaign Ribbon, and
the Republic of Vietnam Gallantry Cross, with Palm Unit Citation.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR reviewed this application and recommended denial,
stating, in part, to be awarded the Purple Heart, it is necessary
that the wound required or received medical treatment by medical
personnel. A member should also provide documentation to support
they are wounded as a direct result of enemy action. They could
not find any documentation to support the applicant’s claim for
award of the PH.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 20 May 05 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. We took notice of
the applicant's complete submission in judging the merits of the
case. However, the limited documentation submitted in support of
the applicant’s appeal does not, in our opinion, substantiate his
claim that his head wound was the direct result of enemy action
warranting award of the Purple Heart. Several attempts to obtain
applicant’s Service Medical/Department of Veterans Affairs records
(SMR/DVA) have been unsuccessful. Therefore, we are unable to
determine his entitlement to award of the Purple Heart at this
time. However, should the applicant provide copies of his DVA
medical records, we would be willing to reconsider his petition.
In view of the above, we find no 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 AFBCMR Docket Number
BC-2005-00815 in Executive Session on 30 August 2005, under the
provisions of AFI 36-2603:
Ms. B. J. White-Olson, Panel Chair
Ms. Janet I. Hassan, Member
Mr. Patrick C. Daugherty, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 25 Feb 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 6 May 05.
Exhibit D. Letter, SAF/MRBR, dated 20 May 05.
B. J. WHITE-OLSON
Panel Chair
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