RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01156
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  7 DECEMBER 2006

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple  Heart  (PH)  due
to combat injury and/or any other awards and decorations due to  his  combat
duty.

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APPLICANT CONTENDS THAT:

On March 10, 1969, a rocket exploded within 20 feet of his  position.   This
explosion caused him to dive for cover and the  concussion  from  the  blast
twisted his torso which caused his  spinal  injury.   He  recently  realized
that this injury could and should be considered as a combat  injury  and  he
should be awarded the Purple Heart.  He does not have any records.

No  supporting  documentation  was  submitted.   The  applicant's   complete
submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant was honorably relieved from active duty on 31 August 1981  and
retired in the grade of captain effective 1 September 1981.   Applicant  was
credited with 10 years and 8 days of active  duty  commissioned  service  to
include 7 years, 9 months and 14 days  of  Foreign  Service.   Total  active
duty service time was 23 years, 9 months and 9 days.

The applicant’s records indicate he was assigned to duties in  the  Republic
of Vietnam from 6 October 1968 until 16  October  1969  where  he  performed
duties as a security police officer.  His separation document  indicates  he
was  awarded  the  Meritorious  Service  Medal   (1OLC),   the   Air   Force
Commendation Medal (3OLC), the Army  Good  Conduct  Medal,  the  Small  Arms
Expert Marksmanship Ribbon, the Air Force Longevity Service  Ribbon  (4OLC),
the  Vietnam  Service  Ribbon,  the  National  defense  Service  Medal,  the
Republic of Vietnam Gallantry cross  with  Palm,  the  Republic  of  Vietnam
Campaign Medal, and the Air Force Good Conduct Medal (1OLC).

The applicant’s medical records were sent  to  the  Department  of  Veterans
Affairs (DVA) in 1981.  In a VA rating decision dated 30 December 2004,  the
applicant was granted 20 percent compensation  for  lumbosacral  strain  and
degenerative disc disease, service connected, peace-time incurred,  from  20
November 2002.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends disapproval  of  the  applicant’s  request.   DPPPR
states the applicant submitted a request to the Purple  Heart  Review  Board
on 25 August 2005.  The request was disapproved on 29  August  2005.   DPPPR
states to be awarded the PH, a  member  must  provide  a  detailed  personal
account, eyewitness  statements,  and  medical  documentation  to  show  the
wound(s) received treatment by medical personnel and occurred  as  a  direct
result of enemy action.  The applicant did not enclose any of  the  required
documents to substantiate his claim for the award  of  the  PH.   The  DPPPR
evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  Evaluation  was  forwarded  to  the  applicant  for
review and comment on 9 September 2005.  In his response dated 16  September
2005, the applicant states there were no  eyewitness  statements.   He  also
states there  is  no  medical  documentation  to  show  the  wound  received
treatment by medical personnel or that his injury was  a  direct  result  of
enemy action.  He does not know how to obtain statements from  eyewitnesses.
 He provides a detailed personal  account  of  the  events  surrounding  the
attack.  He tried to obtain his medical records.  The  applicant’s  rebuttal
is at Exhibit E.

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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
contention  that  he  should  be  awarded  the  Purple  Heart  for  injuries
sustained during his assignment in Vietnam.  After a thorough review of  his
submission we are not persuaded that he should be awarded the  Purple  Heart
Medal.  There is no corroborating evidence, medical or otherwise,  that  the
injuries he alleges he sustained were a direct result of enemy  action.   In
addition, the  applicant  did  not  provide  supporting  documentation  from
eyewitnesses or testimony from other former members of  his  unit  who  were
with him at the time that  can  account  for  his  injuries.  The  applicant
requests a search for after action reports; however, this Board  is  not  an
investigative body.  In cases of this nature, the  burden  for  providing  a
showing of error or injustice rests with  the  applicant.   However,  should
the applicant provide the above information, reconsideration of his  request
would be possible.  While we appreciate and honor  the  applicant’s  service
to his  country,  in  view  of  the  above  his  request  is  not  favorably
considered.
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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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.

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The following members of the Board considered  Docket  Number  BC-2005-01156
in Executive Session in Executive Session  on  6 December  2005,  under  the
provisions of AFI 36-2603:

                 Mr. Michael V. Barbino, Panel Chair
                 Ms. Janet I. Hassan, Panel Member
                 Ms. LeLoy W. Cottrell, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 29 Mar 05 w/atch.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Sep 05.
      Exhibit D.  Letter, SAF/MRBR, dated 9 Sep 05.
      Exhibit E.  Applicant’s Rebuttal, dated 16 Sep 05




      MICHAEL V. BARBINO
      Panel Chair