RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02533
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  15 FEB 07

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

On 3 May 1966, he was wounded at Phan Rang Air  Base  (175  miles  north  of
Saigon, Vietnam) when a projectile from a machine gun  penetrated  his  left
thigh.  The bleeding was stopped and his wound bandaged  at  the  366th  TAC
Dispensary.  He further indicates the metal is still in his leg.

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

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STATEMENT OF FACTS:

During the time period in question, the applicant was commissioned  a  first
lieutenant effective 25 June 1966.

On 15 August 1968, the applicant was honorably discharged in  the  grade  of
captain, under the provisions  of  AFR  36-12.   He  completed  8  years,  4
months, and 17 days of total active duty.

The applicant’s DD Form 214, Armed Forces of the  United  States  Report  of
Transfer or Discharge, indicates he received the following  decorations  and
medals:   the  Air  Force  Commendation  Medal  (AFCM),  Small  Arms  Expert
Marksmanship Ribbon (SAEMR), the National Defense Service Medal (NDSM),  the
Vietnam Service Medal  with  One  Bronze  Service  Star  (VSM  w/1BSS),  the
Republic of Vietnam Campaign Medal  (RVCM),  and  the  Air  Force  Longevity
Service Award (AFLSA).

The PH is awarded for wounds received as a direct result  of  enemy  actions
(i.e., gunshot  or  shrapnel  wounds,  hand-to-hand  combat  wounds,  forced
aircraft bail out injuries, etc.).  In addition, it is  necessary  that  the
wound have required or received treatment by  medical  personnel.   Indirect
injuries do not meet the criteria for award of the PH.  These  include,  but
are not limited to, injuries received while seeking shelter from  mortar  or
rocket attacks, aircraft bombings, grenades,  and  injuries  incurred  while
serving as an aircrew member  or  in  a  passenger  status  because  of  the
aircraft’s evasive measures against hostile fire.

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AIR FORCE EVALUATION:

AFPC/DPPPR  recommended  denial  indicating   the   applicant   provided   a
Chronological Record of Medical  Care  document  dated  3  May  1966,  which
states the applicant was injured while working on a machine gun barrel  when
a piece of metal cut his left thigh.  The applicant’s DD Form 214  indicates
there were no combat-related injuries received during  his  active  military
service.  There are no documents included in  the  applicant’s  record  that
indicate the injury to the  applicant’s  left  thigh  was  caused  by  enemy
action.  The applicant’s official military  records  state  his  injury  was
caused by a machine gun.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated at  the  age  of  65  it
should be obvious that he is not trying to further his military  career  (or
otherwise) by requesting award  of  the  PH.   During  the  time  period  in
question, he served as the combat support group squadron  commander,  awards
and decorations officer, and mortuary officer at Phan  Rang  Air  Base.   He
indicates he experienced quite a few deaths and  injuries.   When  asked  to
process his own PH paperwork, he could not  bring  himself  to  do  so.   He
further indicates he would have been embarrassed at that time  to  stand  in
front of his unit and accept the award since  he  knew  the  price  so  many
others paid for the award.  However, he knows he earned the  award  and  now
he’s requesting it.

The applicant’s response, with attachments, 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 an error or an  injustice.   The  applicant’s  contentions  are
duly noted; however, after thoroughly reviewing the applicant’s  submission,
the Board is not persuaded he should be awarded the PH Medal.   Neither  the
applicant nor his records substantiate he  had  been  injured  as  a  direct
result of enemy action as required  for  award  of  the  PH.   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 PH.  Should he  provide  documentation,  i.e.,  medical  reports  or
letters of support from fellow members, which indicates he was injured as  a
direct result of enemy action, the Board would  be  willing  to  review  his
appeal for reconsideration.  The Board would like  to  point  out  that  the
applicant could file a claim through the Department of Veteran  Affairs  for
assistance and possible medical treatment.  Therefore,  in  the  absence  of
evidence to the contrary, we find no compelling basis to recommend  granting
the relief sought.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented  did  not  demonstrate  the
existence of an error or injustice; the application  was  denied  without  a
personal appearance; and 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 AFBCMR Docket Number  BC-2005-
02533 in Executive Session on 15 November 2005, under the provisions of  AFI
36-2603:

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

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 30 Jul 05, w/atchs.
   Exhibit B.  Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 26 Sep 05.
   Exhibit D.  Letter, SAF/MRBR, dated 7 Oct 05.
   Exhibit E.  Letter, Applicant, undated.




                       RICHARD A. PETERSON
                       Panel Chair