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AF | BCMR | CY2005 | BC-2005-00815
Original file (BC-2005-00815.doc) Auto-classification: Denied


                       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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