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AF | BCMR | CY2006 | BC-2006-00294
Original file (BC-2006-00294.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00294
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  4 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the time he served in Vietnam  and
award of the Purple Heart (PH).

EXAMINER’S NOTE:  The applicant’s DD Form 214 will be administratively
corrected to reflect his Foreign Service as one year and four days.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He completed two tours in Vietnam.  He further states he  injured  his
leg and received treatment for 10 days  from  an  Army  or  Air  Force
doctor at a Vietnamese Air Base (AB).

In support of his  application,  applicant  provided  a  copy  of  his
performance report for the period ending 11 June 1968 and his DD  Form
214 dated 16 August 1968.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on  28 January
1965, 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),  Republic  of  Vietnam
Campaign Medal (RVCM), Air Force Good Conduct Medal (AFGCM).

On 16 August 1968, the applicant was honorably discharged in the grade
of sergeant.  He served 3 years, 6 months and 19 days of  active  duty
service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of  the  PH
be denied.  DPPPR states to be awarded the PH,  a  servicemember  must
provide documentation to support he was wounded as a direct result  of
enemy action and must  have  received  medical  treatment  by  medical
personnel.

DPPPR further states indirect injuries do not meet  the  criteria  for
award of the PH.  Indirect injuries include but are  not  limited  to,
diseases, exposure,  injuries  received  while  seeking  shelter  from
mortar or rocket attacks, aircraft bombings,  grenades,  and  injuries
incurred while serving as an aircraft member or in a passenger  status
as a result of the aircraft’s evasive measures against hostile fire.

The applicant’s medical and  military  records  did  not  reflect  any
medical documentation of treatment of injuries sustained as  a  direct
result  of  enemy  action.   The  applicant  did   not   provide   any
documentation indicating he sustained injuries that meet the  criteria
for award of the PH.

The Purple Heart Review Board (PHRB) has the authority, on  behalf  of
the Secretary of the Air Force  (SAF),  to  determine  a  serviceman’s
entitlement to the PH.  The  servicemembers  must  submit  a  detailed
account  of  the  circumstances  surrounding  the  injury  to  include
specifics as to how they were injured, exact date of injury,  unit  of
assignment, and rank held a the time of injury.  Medical documentation
must be provided to substantiate the  servicemember  received  medical
treatment.  If medical documentation is  not  available,  a  statement
from a military or civilian medical officer  can  be  submitted.   The
statement must attest that an examination revealed that an  injury  of
the type incurred would or should have received medical treatment.

Lastly, if possible, an eyewitness  account  from  an  individual  who
witnessed  the  servicemember  being  injured  and   attest   to   the
circumstances surrounding the servicemember’s personal account.

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 5 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
servicemember 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 or sustained an injury  that  met
the criteria for award of the PH.   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-2006-00294 was considered:

      Exhibit A. DD Form 149, dated 20 Jan 06, w/atchs.
      Exhibit B. Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 27 Apr 06.
      Exhibit D. Letter, SAF/MRBR, dated 5 May 06.




                             RICHARD A. PETERSON
                             Panel Chair

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