RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00968
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 SEPTEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While assigned to Bien Hoa Air Base, Republic of South Vietnam he
received injuries to his foot and ankle during a rocket attack.
In support of his request, the applicant provided a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge; VA Form 21-4138, Department of Veterans Affairs Statement
in support of Claim; AF Form 565-5, Clinical Record Cover Sheet; an
excerpt from his medical record; NA Form 13059, Transmittal of And/Or
Entitlement to Awards; Air Force Form 7, Airman Military Record; AF
Form 910, Technical Sergeant, Staff Sergeant and Airman First Class
Performance Report; and copies of awards and decorations information
obtained from the internet.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect he served on active
duty from 27 June 1966 through 24 April 1970.
The Medical records provided by applicant indicate he fell down the
stairs while responding to the base siren during a rocket attack.
Another medical document states he was injured going to a bunker.
There is no documentation in the applicant’s master personnel records
that reflects he sustained injuries as a direct result of enemy
actions while in Vietnam.
He was discharged with an honorable discharge on 24 April 1970. He
had 3 years, 9 months and 28 days of total active service.
The Purple Heart 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the applicant’s injury was
an indirect injury and was not a direct result of enemy actions.
The complete AFPC/DPPPR 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
25 August 2006 for review and comment within 30 days. As of this
date, this office has received no response (Exhibit D).
_________________________________________________________________
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. After a thorough review of the
available evidence and the applicant’s complete submission, the Board
is not persuaded that his records should be corrected to show he was
awarded the Purple Heart (PH). We took notice of the applicant’s
complete submission in judging the merits of this case. However, we
were not persuaded by the available records that his injuries were a
direct result of enemy action. We are not unmindful or unappreciative
of his service to his Nation. Should he secure supporting
documentation, we would be willing to reconsider his application.
Therefore, in the absence of persuasive evidence to the contrary, we
find no compelling basis to warrant favorable consideration of his
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 Docket Number BC-2006-
00968 in Executive Session on 3 October 2006, under the provisions of
AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Todd L. Schafer, Member
Ms. Elwood C. Lewis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 March 2006.
Exhibit B. Letter, AFPC/DPPPR, dated 2 June 2006.
Exhibit C. Letter, SAF/MRBR, 25 August 2006.
THOMAS S. MARKIEWICZ
Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Dr, EE Wing, 3rd Flr
Andrews AFB MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX
Dear XXXXXXX
Reference your application, AFBCMR BC-2006-00968, submitted
under the provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and military
records, the Board determined that the evidence you presented did
not demonstrate the existence of material error or injustice.
Accordingly, the Board denied your application.
You have the right to submit newly discovered relevant
evidence for consideration by the Board. In the absence of such
additional evidence, a further review of your application is not
possible.
BY DIRECTION OF THE CHAIR
GREGORY E.
JOHNSON.
Chief
Examiner
Air Force Board
for Correction
of Military
Records
Attachment:
Record of Board Proceedings
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