RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00999
INDEX CODE: 107.00
XXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 5 OCT 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained post-traumatic stress disorder and other lifelong injuries
stemming from an action that occurred on 8 May 1970, while assigned to
Cam Rahn Bay, Vietnam from 16 September 1969 to 28 August 1970.
In support of his request, applicant submits a personal statement and a
letter of support from a friend.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect that the applicant
served on active duty from 5 September 1967 to 8 March 1976, with an
overseas tour in the Republic of Vietnam from 16 September 1969 to 28
August 1970. He served a total of 8 years and 29 days of total active
duty service.
His report of separation reflects award of the National Defense Service
Medal, the Vietnam Service Medal, Republic of Vietnam Campaign Medal,
and the Good Conduct Medal.
On 24 February 1998, his record was corrected to reflect award of the
Vietnam Service Medal w/4 Bronze Service Stars, and the Republic of
Vietnam Gallantry Cross with Palm.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the applicant has not
provided a detailed account or eyewitness statements of the enemy
action to help substantiate his claim. Due to lack of meeting minimum
necessary requirements for consideration, DPPPR recommends disapproval
of his requests for the PH.
The DPPPR evaluation, with attachments, is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 10
Jun 2005, for review and comment within 30 days. As of this date, no
response has been received by this office.
_________________________________________________________________
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 that would indicate applicant
should be awarded the Purple Heart. We took notice of his complete
submission in judging the merits of the case; however, evidence has not
been presented which would lead us to believe that he sustained
injuries, incurred as a direct result of enemy fire, which meet the
stringent requirements for award of the Purple Heart. Therefore, we
agree with the opinion and recommendation of the Air Force office of
primary responsibility and adopt its rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. In the absence of evidence to the contrary, we find no
compelling basis to recommend granting the relief sought in this
application.
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 a 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 no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2005-
00999 in Executive Session on 13 October 2005, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Ms. Dorothy P. Loeb, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 March 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 6 Jun 05.
Exhibit D. Letter, SAF/MRBR, dated 10 Jun 05.
THOMAS S. MARKIEWICZ
Chair
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