RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01465
INDEX CODE:
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: YES
MANDATORY CASE COMPLETION DATE: 3 April 2007
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded by a piece of shrapnel above the left knee during a rocket
attack on Bien Hoa Air Base (AB), Republic of Vietnam (RVN), on 28 February
1968. On that date, 14 airmen were killed in the bunker next to his during
the attack by a Viet Cong (VC)/North Vietnam Army (NVA) multi-battalion.
He was hit with 189 rounds of mortar and rockets his first time in combat.
Although he was in the 3rd Civil Engineering Squadron (3rd CES), he was
assigned to the 3rd Security Policy Squadron (3Rd SPS) as an augmentee. He
does not have a witness and is not trying to get the PH for disability
purposes, as he is already 100% service connected.
In support of the appeal, applicant submits his personal statement.
Applicant’s complete submission, with attachment, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former enlisted member of the Regular Air Force who served
on active duty from 5 February 1965 to 4 October 1968. From 2 September
1966 to 29 March 1968, he was assigned to the 3rd Engineering Squadron, at
Bien Hoa AB, RVN.
The Purple Heart Review Board (PHRB) considered and denied applicant’s
request for the PH on 1 November 2005.
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.) that required or received treatment by
medical personnel.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
applicant did not submit medical documentations describing he was injured
or treated in a field hospital, or an eyewitness statement. Furthermore,
there is no medical record of treatment in a field hospital for injuries
sustained as a direct result of enemy action in his Department of Veterans
Affairs (DVA) records.
The AFPC/DPPPR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 23
December 2005, for review and response, within 30 days. However, as of
this date, no response has been received from 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. In this respect, we note the PH is
awarded for wounds received as a direct result of enemy action that
required or received treatment by medical personnel. Applicant contends
that he was wounded by a piece of shrapnel above the left knee during a
rocket attack and his wounds were treated by medical personnel.
Applicant’s personal statement is noted; however, after thoroughly
reviewing the evidence of record, to include his service medical records,
we find no corroborative evidence to establish that he was treated for
wounds received as a direct result of enemy action during a rocket attack
on 28 February 1968. 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 Purple Heart. Therefore, in the
absence of evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
________________________________________________________________
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-2005-
01465 in Executive Session on 24 January 2006, under the provisions of AFI
36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Mr. Vance E. Lineberger, Member
Mr. Jay H. Jordan, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Apr 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 9 Dec 05.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 05.
MARILYN M. THOMAS
Vice Chair
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