RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01342
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: Not Indicated
MANATORY COMPLETION DATE: 23 OCTOBER 2006
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for injuries received at Cam Ranh Bay,
Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured in the leg during a rocket and small arms attack on the Air
Base.
In support of his application, applicant submitted a copy of his medical
records.
Applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 1
July 1968 for a period of four years. He separated from the Air Force
under the provisions of AFM 39-12, chapter 2, section A, para 2-4c, with an
general (under honorable conditions) discharge for unsuitability on 2
November 1971 in the grade of airman. He served 3 years, 4 months and 2
days of total active military service.
Applicant served in Vietnam during the period of 27 February 1970 to 28
February 1971.
On 26 July 2005, the Purple Heart Review Board (PHRB) recommended
disapproval of the Purple Heart.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPRA recommended denial. Applicant does not indicate an exact date
of injury and the medical documentation submitted is vague as to how the
injury was a direct result of enemy action. The medical documentation is
dated 14 June 1968, from a dispensary in Bien Hoa Air Base, Vietnam. The
applicant’s personal account does not indicate if the injury was from the
mortar attack or from the fall. Applicant did not provide a date of when
the injury occurred or provided an eyewitness statement.
AFPC/DPPPRA’s evaluation 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 12
August 2005, for review and response. 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 he should be awarded
the Purple Heart. We took notice of the applicant's complete submission in
judging the merits of the case; however, evidence has not been presented
which would lead us to believe that his injuries were incurred as a direct
result of enemy fire. 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.
_________________________________________________________________
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 Docket Number BC-2005-01342
in Executive Session on 7 November 2005, under the provisions of AFI 36-
2603:
Ms. Kathleen F. Graham, Panel Chair
Mr. Alan A. Blomgren, member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 19 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPRA, dated 9 Aug 05.
Exhibit D. Letter, SAF/MRBR, dated 12 Aug 05.
KATHLEEN F. GRAHAM
Panel Chair
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