RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01918
            INDEX CODE:  107.00
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  18 Dec 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for an injury sustained on  13 Jun
68.

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APPLICANT CONTENDS THAT:

On 21 Jul 04, the Department of Veterans Affairs (DVA) awarded  him  a
service-connected disability for an injury  sustained  in  1968  while
stationed in Bien Hoa, Vietnam.

The applicant’s complete submission, with attachments, is  at  Exhibit
A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 5 Nov 65 and served
as an aerospace munitions instructor  and  weapons  mechanic.   Around
28 Jul 67, the applicant was assigned to the  510th  Tactical  Fighter
Squadron (510 TFS), at Bien Hoa AB, Republic of North  Vietnam  (RVN).
A 14 Jun 68 medical entry by the Bien Hoa Dispensary reported that the
applicant received sutures for a laceration of his back left  shoulder
area.  The sutures were removed on 20 Jun 68, leaving a 1½ inch  scar.
No information  as  to  what  caused  the  injury  is  provided.   The
applicant was reassigned to Lowry AFB, CO, around 26 Aug 68.

The applicant was released from active duty on 11 Feb 69 in the  grade
of airman first class after three years, three months, and seven  days
of active service, and transferred to  the  Air  Force  Reserves.   On
4 Nov 71, he was honorably discharged from the Air Force Reserves.

Medical records pertaining to the applicant’s DVA  claim  indicate  he
reported he had sustained a posterior left  shoulder  injury  when  he
jumped out a cockpit of a grounded fighter during a rocket attack when
stationed at Bien Hoa AB  in  Jun  68.   He  was  being  followed  for
complaints of left shoulder  pain.   On  4 Feb  05,  the  DVA  awarded
service connection for retroscapular bursitis of  left  shoulder  with
status post laceration of medial scapular border with a rating of 10%,
effective 21 Jun 04.  On 23 May 05, the  DVA  denied  the  applicant’s
claim for an earlier effective date.

According to HQ AFPC/DPPPRA (Exhibit C), the applicant’s  request  for
the PH was denied by the Purple Heart Review Board  (PHRB)  on  26 Jul
05.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPRA notes the applicant’s medical document is vague  as  to
how the injury was a direct result  of  enemy  action  on  13 Jun  68,
although the  medical  documentation  is  dated  14 Jun  68  from  the
dispensary in Bien Hoa AB.  His personal account doesn’t  indicate  if
the injury was from the mortar attack or from the  fall.   The  PH  is
awarded for wounds received as a direct result of enemy action  (i.e.,
gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,   forced
aircraft bail-out injuries, etc).  A member must provide documentation
to support the injury was a direct result of enemy action and required
or received medical treatment by medical personnel.  Indirect injuries
which do not meet the PH criteria include, but  are  not  limited  to,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft accidents,  grenades,  diseases,  and  exposure.   Denial  is
recommended.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant asserts the injury he received was the direct result  of
a mortar and rocket attack and not from a fall.  He saw  the  incoming
rockets and mortars but by the time he could get out  of  the  cockpit
and jump to the ground, a rocket hit just  outside  the  revetment  in
which he was working.  By the time he knew he was wounded it  was  too
late to tell how it happened.  The dispensary told him they would take
care of the paperwork.  He shipped out a month later for  the  US  and
did not follow up on it.  He was told  by  the  DVA  doctors  that  he
should have been awarded a PH.

A complete copy of applicant’s response 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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be awarded the PH.  We do  not  dispute  the  fact
that the applicant sustained a laceration on his left  shoulder  while
in Vietnam; this is confirmed by the  Bien  Hoa  Dispensary’s  medical
entry of 14 Jun 68.  However, other than his own assertions to us  and
the DVA, the applicant provides no  corroborating  evidence  that  the
injury was caused by direct enemy action.  His  available  records  do
not provide any details as to what caused the  injury.   We  would  be
willing to review the applicant’s case  for  possible  reconsideration
should he provide some evidence, such as a statement from  a  witness,
that supports his description of  events.   Until  then,  we  find  no
compelling basis on which to recommend  granting  the  relief  sought.
Our decision, however, should in no way be construed as a diminishment
of the applicant’s unselfish service to our country.

_________________________________________________________________

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 15 November 2005, under the provisions of AFI 36-
2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Janet I. Hassan, Member
                 Ms. Jean A. Reynolds, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01918 was considered:

   Exhibit A.  DD Form 149, dated 11 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPRA, dated 28 Jul 05.
   Exhibit D.  Letter, SAF/MRBR, dated 5 Aug 05.
   Exhibit E.  Letter, Applicant, dated 11 Aug 05.




                                   RICHARD A. PETERSON
                                   Panel Chair