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AF | BCMR | CY2006 | BC-2006-00535
Original file (BC-2006-00535.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00535
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 AUGUST 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

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

APPLICANT CONTENDS THAT:

He was injured as a result of a gunshot wound to his right arm in 1966
while assigned with the 311th Air Commando Squadron, DaNang Air  Base,
Republic of Vietnam (DaNang AB RVN).

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on  31 October
1963, as an airman basic (AB) for a period of four years.

His records reflect he was awarded the National Defense Service  Medal
(NDSM), Republic of Vietnam Campaign  Medal  (RVCM),  Vietnam  Service
Medal (VSM), and the Air Force Outstanding Unit Award (AFOUC).

On 9 December 1968, the applicant was honorably released  from  active
duty in the grade of airman first class (A1C).  He served  four  years
of active duty service.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of  the  PH
be denied.  They state the PH is awarded  for  wounds  received  as  a
direct result of enemy  action  and  the  wounds  must  have  received
treatment by medical personnel.

AFPC/DPPPR further states no official documentation was located in the
applicant’s personnel records to verify he sustained gunshot wounds in
1966.   The  applicant’s  separation  physical  did  not  reflect   he
sustained any gunshot wounds during his service.

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
26 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.   While  we  are  not  unmindful  or  unappreciative  of  the
applicant’s  service  to  his  Nation,  in  the  absence  of  evidence
substantiating the servicemember 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 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

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-00535 was considered:

      Exhibit A. DD Form 149, dated 10 Jan 06, w/atch.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 21 Mar 06.
      Exhibit D. Letter, SAF/MRBR, dated 26 May 06.




                             WAYNE R. GRACIE
                             Panel Chair

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