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AF | BCMR | CY2006 | BC-2005-01465
Original file (BC-2005-01465.DOC) Auto-classification: Denied

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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