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AF | BCMR | CY2006 | BC-2004-03865
Original file (BC-2004-03865.doc) Auto-classification: Denied

                       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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