RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-03865
INDEX CODE: 107.00
COUNSEL: MOPH
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal (PHM) for being under enemy fire
while serving upcountry (Vietnam) in combat.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was assigned to the 56th Special Operations Wing (SOW), Detachment
1, from January 1971 to July 1973. He worked upcountry in Laos and
Cambodia in secret for a division of the Central Intelligence Agency
(CIA) called JUSTMAG. He states he came under unfriendly fire many
times. During April 1972, while working in Laos, he was wounded in
his right hand by shrapnel during a mortar attack. He was not aware
he could change his records to reflect his injury and award of the PHM
as his activities while upcountry were classified and he was told by
the Air Force and the CIA to keep quiet about it.
In support of his appeal, the applicant has provided a personal
statement and copies of letters of support from his peers, and a copy
of his DD Form 214, Certificate of Release or Discharge from Active
Duty, and a copy of his honorable discharge certificate.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
He enlisted in the Regular Air Force on 27 June 1969 and was
progressively promoted to the grade of Sergeant with a date of rank
(DOR) of 1 June 1971. He served a total of four years and nine days
and was honorably discharged on 5 July 1973.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states to be awarded the PHM a
member must provide documentation to support he was wounded as a
direct result of enemy action. Indirect injuries do not meet PHM
criteria. Further, it is necessary that the wound required or
received treatment by medical personnel. DPPPR states after
researching his military record and his application, they could find
no support for award of the PHM. The three individuals who provided
statements of support do not have first-hand knowledge of him
receiving wounds as a direct result of enemy action.
DPPPR’s complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
14 January 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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, 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. Applicant has failed to provide documentation to
support he was wounded as a direct result of enemy action and that the
wound required and/or received medical treatment by medical personnel.
Therefore, 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 AFBCMR Docket Number BC-
2004-03865 in Executive Session on 14 June 2006, under the provisions
of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Mr. James A. Wolffe, Member
Ms. Jan Mulligan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 May 06, w/atchs.
Exhibit B. Letter, AFPC/DPPPR, dated 7 Jan 05.
Exhibit C. Letter, SAF/MRBR, dated 14 Jan 05.
CHARLENE M. BRADLEY
Panel Chair
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