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AF | BCMR | CY2006 | BC-2005-01918A
Original file (BC-2005-01918A.doc) Auto-classification: Denied




                                 ADDENDUM TO
                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                 DOCKET NUMBER:  BC-2005-01918
                                        INDEX CODE:  107.00

      XXXXXXX                     COUNSEL:  None

      XXXXXXX                     HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

In the applicant’s request for  reconsideration,  he  again  asks  for
award of the Purple Heart (PH) for an injury sustained on 13 Jun 68.
_________________________________________________________________

STATEMENT OF FACTS:

The  applicant  enlisted  in  the  Regular  Air  Force  on  5 Nov  65.
According to a 14 Jun 68 medical entry by the dispensary at  Bien  Hoa
AB, Republic of Vietnam (RVN), his back left shoulder area was sutured
for a laceration.  The sutures were removed on 20 Jun 68, leaving a 1½
inch scar.  No information as to what caused the injury was  provided.
The  applicant  was  released  from  active  duty  on  11 Feb  69  and
transferred to the Air Force Reserve,  from  which  he  was  honorably
discharged on 4 Nov 71.

On 11 Jun 05, the applicant submitted an AFBCMR application requesting
award of the PH, asserting the injury  was  the  direct  result  of  a
mortar and rocket attack.  The Board denied his appeal on 15 Nov 05.

For an accounting of the facts and circumstances  pertaining  to  this
issue and the rationale of the earlier decision by the Board, see  the
Record of Proceedings (ROP) at Exhibit F.

In a 25 Feb 06 letter, the applicant contends his injury was sustained
while he tried to bail out of the way of a rocket  attack  that  began
around 2 a.m. on 14 Jun 68, shortly before his shift was scheduled  to
end at 8 a.m.  He asserts gross negligence on the part of the  medical
personnel at  Vietnam  and  Lowry  AFB.   He  indicates  he  is  being
compensated by the  Department  of  Veterans  Affairs  (DVA)  for  the
injury.  An unsigned statement from the  applicant’s  former  roommate
indicates there was a heavy mortar and  rocket  attack  in  the  early
morning of 14 Jun 68, and
he was informed the applicant had suffered a shoulder  injury  from  a
122 mm rocket explosion outside of the revetment where  the  applicant
and his load crew had been working.

The applicant’s complete submission, with attachments is at Exhibit G.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

We carefully considered the  applicant’s  assertions  and  the  former
roommate’s unsigned statement provided as corroborating evidence.  The
individual, like the applicant, contends their squadron came  under  a
mortar and rocket attack in the early morning on 13-14 Jun 68.  We  do
not dispute the fact that the applicant sustained  an  injury  or  the
probability that his squadron came under enemy  attack.   However,  we
remain unpersuaded his wound met the PH criteria that an  injury  must
be the direct result of enemy action.  In this regard,  the  applicant
appears to have been indirectly injured  after  he  saw  the  incoming
rockets and bailed out of the cockpit.  The applicant  himself  stated
that “by the time [he] knew [he] was wounded it was too late  to  tell
how it happened.”  Further, the roommate indicated that when  he  came
on duty he was told the applicant had been wounded during the  attack.
Therefore,  he  does  not  appear  to  have  been  a  witness  to  the
applicant’s injury when it occurred.  In addition, the fact  that  the
applicant is being compensated by the DVA at 10% for the  injury  does
not inherently establish it was directly caused  by  the  enemy,  only
that it was service connected.  In view  of  the  above,  we  find  no
compelling basis on which to overturn our earlier conclusion that  the
applicant has not been the victim of an error or an injustice.

_________________________________________________________________

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  this  application  in
Executive Session on 31 March 2006, under the provisions  of  AFI  36-
2603:

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

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01918 was considered:

   Exhibit E.  Record of Proceedings, dated 7 Dec 05, w/atchs.
   Exhibit F.  Applicant's Letter, dated 25 Feb 06, w/atch.




                                   RICHARD A. PETERSON
                                   Panel Chair

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