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AF | BCMR | CY2005 | BC-2005-00830
Original file (BC-2005-00830.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00830
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  10 SEPTEMBER 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded a second Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The only military decoration he is aware of that was never awarded was
a Purple Heart for a slight wound to his right arm/elbow.

In support of the appeal, applicant submits a  personal  statement,  a
General Purpose Worksheet, a letter from his senator with a copy of  a
draft reply to a congressional.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 16 February 1962, applicant was appointed  a  Reserve  of  the  Air
Force, in the grade of 2nd Lieutenant.   He  entered  extended  active
duty on 1 June 1962.  Applicant was integrated into  the  Regular  Air
Force on 3 June 1963.  He was promoted to the temporary grade of First
Lieutenant on 1 December 1963.  He was  permanently  promoted  in  the
Regular Air Force to the grade of First Lieutenant  on  1  June  1965.
From the period of 30 September 1966 to  23  March  1967,  he  was  in
training with the 481st Tactical Fighter Squadron at Cannon  AFB,  NM.
He was temporarily promoted to the grade  of  Captain  on  1  December
1966.  During the period of 24 March 1967 through 20 August  1967,  he
served in a combat tour in Southeast Asia and flew 68 combat  missions
during this period.  During the  period  21  August  1967  through  20
February 1968, he flew 174 combat missions.   He  served  this  entire
period in Southeast Asia.  Orders provided by the  applicant  indicate
he was awarded the Purple Heart for wounds incurred as a direct result
of an act of a hostile force on 9 December 1967.  On 8 June  1968,  he
was  awarded  the  Distinguished  Flying   Cross   for   extraordinary
achievement while participating in aerial flight as an F-100 pilot  in
Southeast Asia on 10 January  1968.   Subsequent  to  this  time,  the
applicant  was  progressively  promoted  to  the  temporary  grade  of
Lieutenant Colonel on 1 September 1978.

On 30 November 1985 the applicant was relieved from active  duty  and,
effective 1 December 1985, he retired under the provisions of AFR  35-
7, Voluntary - retirement for years of service established by law, and
received an honorable discharge certificate.  He had served  23  years
and 6 months on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends  denial.   There  is  medical  documentation  to
substantiate that wounds were received on 9 December 1967.   Applicant
states he received wounds during another mission and should be awarded
the Purple Heart with 1 Oak Leaf Cluster; however, they were unable to
verify that an additional mission was conducted to substantiate  award
of an additional Purple Heart.

Applicant states he was awarded the Purple Heart for  wounds  received
on 9 December 1964.  However, the documentation in the record reflects
the Purple Heart was awarded for  wounds  received  9  December  1967.
During December 1964, member was assigned to Webb AFB,  TX  and  would
have been ineligible for the Purple  Heart  since  he  was  not  in  a
hostile area.

DPPPR stated after a thorough review of the documentation enclosed  in
applicant’s military personnel records, the Purple Heart Review  Board
(PHRB) disapproved applicant’s request for the award of a  second  PH.
The PHRB determined there was not enough documentation to support  the
claim of wounds received as a direct result of enemy action  or  where
the injury/wound required medical treatment.

Applicant has a Purple Heart listed on his DD Form 214, however, DPPPR
was unable  to  locate  documentation  such  as  a  special  order  or
certificate in the applicant’s record to verify a  date  of  when  the
Purple Heart was awarded.

A complete copy of the 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 response within 30 days.  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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
and adopt their rationale as the basis for  the  conclusion  that  the
applicant  has  not  been  the  victim  of  an  error  or   injustice.
Therefore, in the absence of evidence to  the  contrary,  we  find  no
compelling 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  this  application  in
Executive Session on 14 June 2005, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Vance E. Lineberger, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Mar 05, w/atchs.
      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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