RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00236
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 JUL 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to the PH.  He sustained a  shell  fragment
wound to the nose in July 1968 in Da Nang, Vietnam and has established
a service-connected disability rating for the injury.

Applicant's complete submission,  with  attachments,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  (RegAF)  on  22 April
1966, as an basic airman for a period of four years.

His DD Form 214 reflects he was awarded the National  Defense  Service
Medal (NDSM), Vietnam Service Medal (VSM) with two Bronze Stars  (BS),
Republic of Vietnam Commendation Medal (RVCM), and the Air Force  Good
Conduct Medal (AFGCM).

The applicant’s records further reflect he  was  assigned  in  Vietnam
from 7 December 1967 through 8 December 1968.

On 21 April 1970, the applicant was honorably discharged in the  grade
of sergeant.  He served four years of active duty service.

A Department of Veterans Affairs rating decision dated  17 March  1982
reflects the applicant is receiving a combined 10 percent
service connected disability rating, however, the  service  connection
for the shell fragment, nose wound was rated at zero percent.

The applicant submitted an application dated 19 March 1982  requesting
award of the PH.  On 11 August 1982, the applicant was  informed  that
the Purple Heart Review Board (PHRB) reviewed his request for award of
the PH and denied the request due to insufficient evidence.

On 12 August 1987, the applicant was informed his request for award of
the PH did not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of  the  PH
be denied.  DPPPR states the PH is awarded for wounds  received  as  a
direct result of enemy action, such as, gunshot,  or  shrapnel  wound,
hand-to-hand combat wounds, forced aircraft bail  out  injuries,  etc.
In addition  the  wounds  must  have  received  treatment  by  medical
personnel.  Indirect injuries do not meet the criteria  for  award  of
the PH.  These injuries include, but  are  not  limited  to,  injuries
received while seeking shelter from mortar or rocket attacks, aircraft
bombings, grenades, and injuries incurred while serving as an  aircrew
member or in a passenger status as a result of the aircraft’s  evasive
measures against hostile fire.

HQ AFPC/DPPPR further states the applicant’s request for award of  the
PH was forwarded to the PHRB on 5 April 2006 and they  determined  his
request did not have sufficient medical documentation for approval  of
the PH.

They further stated upon reviewing  the  applicant’s  military  record
they verified his entitlement to the Air Force Outstanding Unit  Award
with Valor (AFOUA w/V), the Republic of Vietnam Gallantry  Cross  with
Palm (RVNGC w/P) and his records will be administratively corrected to
reflect those awards.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
28 April 2006, for review and response.  As of this date, no  response
has been received by this office.

On 7 May  2006,  the  applicant  requested  that  his  application  be
temporarily withdrawn (Exhibit E).

In a letter dated 18 may 1960 (sic), Mr. M. B states he  believes  the
applicant received a shrapnel injury to his nose in June or early July
1968 (Exhibit F).

On 24 May 2006, the Board staff informed the applicant that  his  case
had been temporarily withdrawn per his  7  May  2006  request  and  to
contact the Board in writing when he was ready  to  proceed  with  his
application (Exhibit G).

On 21 July 2006, the  Board  staff  in  response  to  a  congressional
inquiry from Senator Feinstein office informed  them  the  applicant’s
case had been temporarily withdrawn (Exhibit H).

On 4 August 2006, the applicant requested that his  case  be  reopened
(Exhibit I).

_________________________________________________________________

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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence  of  an  error  or  injustice  warranting  awarding  the
applicant the Purple Heart medal.  After reviewing  the  documentation
submitted, we believe, the applicant has provided sufficient  evidence
to support award of the Purple Heart.  The applicant provided with his
request several statements from former servicemembers attesting to the
incident at DaNang and the injuries he received in July 1968.  In view
of the circumstances of this case, the Board  believes  any  doubt  in
this matter  should  be  resolved  in  the  favor  of  the  applicant.
Therefore, the Board recommends that he be awarded the Purple Heart.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT be corrected to show that  he  was  awarded  the
Purple Heart Medal for injuries sustained as a direct result of  enemy
action during a rocket attack on the flightline while
assigned to the 390th Tactical Fighter Squadron,  DaNang,  Vietnam  in
July 1968.

_________________________________________________________________

The following members of  the  Board  this  application  in  Executive
Session on 14 September 2006, under the provisions of AFI 36-2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Ms. Patricia R. Collins, Member
                       Mr. Reginald P. Howard, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence pertaining to AFBCMR Docket Number  BC-
2006-00236 was considered:

      Exhibit A. DD Form 149, dated 19 Jan 06, w/atchs.
      Exhibit B. Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 13 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 28 Apr 06.
      Exhibit E. Letter, Applicant, dated 7 May 06
      Exhibit F. Letter, Mr. B., dated 18 May 1960 (sic).
      Exhibit G. Letter, AFBCMR, dated 24 May 06.
      Exhibit H. Letter, Congressional Response dated 21 Jul 06,
                       w/atch
      Exhibit I. Letter, Applicant, dated 4 Aug 06.




                             WAYNE R. GRACIE
                             Panel Chair





AFBCMR BC-2006-00236



MEMORANDUM FOR THE CHIEF OF STAFF

      Having reviewed and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116) it is
directed that:

      The pertinent military records of  the  Department  of  the  Air
Force relating to                , be corrected to show  that  he  was
awarded the Purple Heart Medal for  injuries  sustained  as  a  direct
result of enemy action during a rocket attack on the flightline  while
assigned to the 390th Tactical Fighter Squadron,  DaNang,  Vietnam  in
July 1968.




                             JOE G. LINEBERGER
                             Director
                             Air Force Review Boards Agency