RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00534
            INDEX CODE: 107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 Aug 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

He receive the Purple Heart (PH) for an injury sustained in Vietnam on
14 Oct 69.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He never received the award for his injury.  He thought he had  to  be
shot to  receive  the  PH  until  a  Veterans  Affairs  representative
informed him this was not the case.  He provides copies of four  pages
of 1969 military medical entries in support of his claim.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 Sep  60.   During
the period in question, the applicant was assigned to the  8th  Aerial
Port Squadron at Tan Son Nhut AB, Republic of  Vietnam  (RVN),  as  an
aircraft loadmaster.

Medical entries in the applicant’s military medical records at Exhibit
B, and provided by him at Exhibit A, for the period  14 Oct-11 Nov  69
reflect he sustained an  injury  to  his  right  ring  finger  from  a
forklift  on  14 Oct  69.   The  injury  required  amputation  of  the
fingertip,  a  skin  graft  around  17 Oct  69,  and  the  applicant’s
temporary placement on light duty.

On 1 Oct 82, the applicant was retired in the grade of master sergeant
after 22 years and 23 days of active service.

The applicant’s DD Form 214 reflects he received the Bronze Star Medal
(for meritorious achievement on 21 Dec 69), the Air Medal with one oak
leaf cluster (1OLC), the Air Force Commendation Medal with  1OLC,  the
Air Force  Good  Conduct  Medal  with  6OLC,  the  Small  Arms  Expert
Marksmanship Ribbon, the Air Force Longevity Service Ribbon with 4OLC,
the National Defense Service Medal, the Vietnam Service Medal with one
bronze service star, the Air Force Presidential Unit Citation, the Air
Force Outstanding Unit Award, the Republic of Vietnam Gallantry  Cross
with device, and the Republic of Vietnam Campaign Medal.

On 10 Jun 04, the Department of Veterans  Affairs  (DVA)  awarded  the
applicant  a  combined  disability  rating  of  30%  for  degenerative
arthritis   (right   shoulder),   chondromalacis   (right    patella),
hypertension,  and  tinnitus.   The  applicant  has  applied  for   an
increased rating.  During an examination on 5 May 06,  he  related  to
the DVA physician that he was a  loadmaster  in  a  forward  field  in
Vietnam in Oct 69 when the plane pilot ordered the ground crew off the
plane because of incoming mortar rounds.  He indicated he  suffered  a
gouge to his right ring finger when maneuvering a forklift.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  Their  review  of
the applicant’s official record  and  submission  did  not  provide  a
detailed account of the incident.  The applicant’s submission shows he
was treated for a finger injury in Oct 69, but the cause of the injury
is not annotated in  the  medical  records.   The  applicant  did  not
provide a detailed account of the incident and an eyewitness statement
verifying the injury was a direct cause of enemy action.

A complete copy of the HQ AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant contends on the day in question he  was  assigned  to  a
mobility section to load/offload aircraft when  an  enemy  rocket  and
mortar attack began.  As he was pulling away from the aircraft to seek
safety, the forklift weight shifted and severed his right ring finger.
 He was transported to Tan Son Nhut and then to a hospital in  Saigon.
He cites the Bronze Star Medal he received for a particularly  intense
mission. The finger injury has troubled him throughout the years.   He
has been unsuccessful in attempting to contact several colleagues from
that era.

A complete copy of  applicant’s  response,  with  attachments,  is  at
Exhibit E.

_________________________________________________________________

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 to warrant awarding the  applicant
the PH.  The criterion for this decoration is the injury must  be  the
direct result of enemy action.  The fact that the applicant  sustained
an injury to his ring finger on 14 Oct 69  is  not  in  dispute.   The
accidental shifting of the forklift caused the applicant’s injury  and
could have occurred at any time, regardless of whether or  not  mortar
fire occurred as he contends.  Granted, if an enemy  attack  occurred,
one would probably employ greater haste than normal in  maneuvering  a
forklift and thereby incur a greater risk  of  injury.   Nevertheless,
neither the available documentation nor the applicant’s account of the
events appears to confirm this injury was a  direct  result  of  enemy
action.  Therefore, in the  absence  of  persuasive  evidence  to  the
contrary, 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  considered  this  application  in
Executive Session on 18 July 2006 under the provisions of AFI 36-2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. Wallace F. Beard, Jr., Member
                 Ms. Karen A. Holloman, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2006-00534 was considered:

   Exhibit A.  DD Form 149, dated 16 Feb 06, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 26 Apr 06.
   Exhibit D.  Letter, SAF/MRBR, dated 5 May 06.
   Exhibit E.  Letter, Applicant, dated 10 May 06, w/atchs.




                                   KATHLEEN F. GRAHAM
                                   Panel Chair