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AF | BCMR | CY2006 | BC-2006-00293
Original file (BC-2006-00293.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00293
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 JULY 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He believes he should receive the PH  for  injuries  he  sustained  in
combat (plane crash) in the China Sea on 13 April 1967.

In support of  his  request,  applicant  provided  a  Clinical  Record
Narrative Summary and a Flight Surgeon’s Summary.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 10 November
1947.

On 13 April 1967, the  applicant  was  injured  in  a  C-141  airplane
accident in Southeast Asia.

His DD Form 214 reflects he was awarded the Airman’s Medal, Air  Medal
with one Silver and three Bronze Devices, Air Force Commendation Medal
with two Bronze Devices, Air Force Outstanding Unit Award  with  Valor
and one Silver and two Bronze Devices,  Combat  Readiness  Medal,  Air
Force Good Conduct Medal with one Silver and two Bronze Devices,  Good
Conduct  Medal,  American  Defense  Service  Medal,  National  Defense
Service Medal,  Armed  Forces  Expeditionary  Medal  with  one  Bronze
Device, Vietnam Service Medal  with  two  Bronze  Devices,  Air  Force
Longevity Service Award Ribbon with one Silver and one Bronze  Device,
NonCommissioned Professional Military Education Graduate  Ribbon  with
one Bronze Device, Small Arms Expert Marksmanship Ribbon, Republic  of
Vietnam Gallantry Cross  with  Device  and  the  Republic  of  Vietnam
Campaign Medal.

The applicant retired on 1 February  1984.   He  served  28  years  of
active service.

_________________________________________________________________

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 or  death  as  a
result of an act of any opposing  Armed  Force,  as  a  result  of  an
international terrorist attack or as a result of  military  operations
while serving as  part  of  a  peacekeeping  force.   The  applicant’s
military  records  reflect  he  was  injured  due  to   an   accident.
Furthermore, there is no evidence in the applicant’s military  records
reflecting he was injured as a result of enemy action.

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  and
counsel on 19 May 2006, for review and response.  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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or  an  injustice.   The
documentation provided by the applicant and his  military  records  do
not substantiate he had an injury that met the criteria for  award  of
the PH.  The applicant did not provide any  evidence  to  substantiate
the injuries he sustained during the plane crash were  incurred  as  a
result  of  enemy  action.   Furthermore,   the   applicant   provided
documentation that clearly states the plane  crash  was  an  accident.
While we are  not  unmindful  or  unappreciative  of  the  applicant’s
service to his Nation, in the absence of evidence  substantiating  the
applicant was injured as a direct result of enemy action, 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  this  application  in  Executive
Session on 15 August 2006, under the provisions of AFI 36-2603:

                       Mr. Richard A. Peterson, Panel Chair
                       Ms. LeLoy W. Cottrell, Member
                       Ms. Karen A. Holloman, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-00293 was considered:

      Exhibit A. DD Form 149, dated 24 Jan 06, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 11 May 06.
      Exhibit D. Letter, SAF/MRBR, dated 19 May 06.




                             RICHARD A. PETRERSON
                             Panel Chair

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