RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00971
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  24 SEP 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH) for injuries he sustained in Vietnam.
_________________________________________________________________

APPLICANT CONTENDS THAT:

In April or May 1970, he was injured in Vietnam.  Due to an  oversight
by his Command he was not awarded the PH.  No one inquired  about  how
the injury occurred.  If he was asked at that time, his response would
have been that he was injured due to exploding ordnance while  running
for underground shelter after being awakened by the same.  Also he was
in Vietnam from January 1963 through December 1963  and  Agent  Orange
was sprayed all around them.   For  35  years  he  has  suffered  with
continued neck aches.  He seeks to be recognized and compensated.

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

_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air   Force   (RegAF)   on
11 September 1951, as a private for a period of four years.

His records reflects he was awarded the Good Conduct Medal (GCM)  with
three Bronze Loops, Air Force Longevity Service Award (AFLSA) with one
Bronze Oak Leaf Cluster (OLC), National Defense Service Medal  (NDSM),
Air Force Expeditionary Medal (AFEM), AFLSA with two Bronze OLCs,  Air
Force GCM, Small Arms Expert Marksmanship Ribbon  (SAEMR),  Air  Force
Non-Commissioned Officer Academy Ribbon (AFNCOAR),  AF  GCM  with  one
OLC, Vietnam Service Medal (VSM), AF  GCM  with  two  OLC,  Air  Force
Outstanding Unit Award (AFOUA), AFOUA with one OLC, VSM,  Republic  of
Vietnam Commendation Medal (RVCM).

The applicant’s records  reflect  he  was  assigned  in  Vietnam  from
2 January 1963 through 4 December 1963 and 31  July  1969  through  20
July 1970.  His performance report for the period ending 16 July  1970
refers to the  applicant  being  involved  in  15  mortar  and  rocket
attacks.

The applicant, on 30 April 1970, slipped and fell in the barracks.  He
was hospitalized for cervical spasms on 2 May 1970.   He  was  treated
with traction and muscle relaxers and discharged on 7 May 1970 with  a
diagnosis of acute cervical spasm.  On 13 June 1970, the applicant was
reevaluated by  the  orthopedic  clinic  and  it  was  determined  the
applicant was fully recovered and had no further signs or symptoms and
was returned to full duty.

The applicant retired on 1  January  1972,  in  the  grade  of  master
sergeant, he served a total of 20 years and 23  days  of  active  duty
service.

The applicant is currently receiving a 30 percent disability from  the
Veterans Affairs (VA) for hearing loss and tinnitus.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ  AFPC/DPPPR  states  the  applicant  has  not  provided  sufficient
documentation or information to show that he was injured or wounded as
a direct result of enemy action or that his  injury  received  medical
treatment.  Indirect injuries, such as, seeking shelter from mortar or
rocket attacks, aircraft bombings,  grenades,  and  injuries  incurred
while serving as an aircrew member or  in  a  passenger  status  as  a
result of the aircraft’s evasive measures against hostile fire, do not
meet the criteria for award  of  the  PH.   Therefore,  based  on  the
evidence provided DPPPR recommends the applicant’s request  for  award
of the PH be denied.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The  applicant  reviewed  the  Air  Force  evaluation  and  states  he
disagrees with the evaluation.  His records reflect he was involved in
15 attacks by enemy forces and his congressman  submitted  an  inquiry
regarding his status after he (congressman) found  out  the  applicant
had been injured.

He further requests consideration for  the  PH  due  to  Agent  Orange
exposure.  He also has a pending claim at VA for post-traumatic stress
disorder.

He believes the military used him  and  VA  has  failed  him.   He  is
requesting the Board consider the injuries he received were  a  result
of enemy action (Exhibit E).

_________________________________________________________________

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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
documentation provided by the applicant and his  military  records  do
not substantiate he had an injury that met the criteria for  award  of
the PH.   Although  the  applicant  was  involved  in  several  mortar
attacks, he has not  provided  persuasive  evidence  to  show  he  was
injured during those attacks as  a  direct  result  of  enemy  action.
Furthermore,  there  is  no  evidence  in  the   applicant’s   records
indicating he was injured or received medical treatment  for  injuries
incurred as a result of direct enemy  action.   With  respect  to  his
contention that he was exposed to Agent Orange, the applicant has  not
submitted  documentation  to  support  his  assertion.   The  personal
sacrifice the applicant endured for  his  country  is  noted  and  our
decision in no way diminishes the high regard we have for his service;
however, insufficient  documentary  evidence  has  been  presented  to
warrant awarding him the Purple Heart.  Therefore, in the absences  of
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

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(s)   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 AFBCMR Docket Number BC-
2005-00971 in Executive  Session  on  14  September  2005,  under  the
provisions of AFI 36-2603:

                       Ms. Kathleen F. Graham, Panel Chair
                       Ms. Kathy L. Boockholdt, Member
                       Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 15 Mar 04, w/atchs.
      Exhibit B. Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, dated 20 May 05.
      Exhibit D. Letter, SAF/MRBR, dated 27 May 05.
      Exhibit E. Letter, Applicant’s Response, 2 Jun 05.




                             KATHLEEN F. GRAHAM
                             Panel Chair