RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-01087
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 12 Oct 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While on guard duty in August 1968 at the Petroleum Depot in Vietnam, he
received shell fragment injuries in both arms from a rocket attack.
In support of his request, the applicant provided a copy of his DD Form
214, Certificate of Release or Discharge from Active Duty and his
Department of Veterans Affairs Office (DVA) rating decision.
The applicant's complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect that he served on active
duty from 13 January 1967 through 31 January 1981. His Enlisted
Performance Reports for the period 2 December 1967 through 5 February
1969, reveal he was assigned to the 633rd Combat Support Group in
Vietnam. There is no documentation in the applicant’s master personnel
records that reflects he sustained injuries while in Vietnam. Effective
1 February 1981, he retired in the grade of master sergeant having served
20 years and 18 days of active duty.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the request be denied. DPPPR states that after
review of the applicant’s record, they are unable to verify his
entitlement to the PH based on the fact he did not provide an eyewitness
statement nor were they able to locate official medical documentation to
verify his injuries. Therefore, his request does not meet the criteria
for award of the PH Medal.
The complete 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 12
May 06 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 an error or injustice. After a thorough review of the
available evidence of record, we are not persuaded that the applicant
should be awarded the PH Medal. There was no evidence presented, which
would lead us to believe that he was medically treated for any wounds
incurred as a direct result of enemy fire. Should supporting
documentation be secured or a notarized account from an individual who
eye witnessed his injuries be obtained, we would be willing to reconsider
this application. Otherwise, without persuasive evidence he was wounded
as a direct result of enemy action, we find no compelling basis to
warrant favorable consideration of this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a 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
no considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2006-01087
in Executive Session on 18 Jul 2006, under the provisions of AFI 36-2603:
Ms. Kathleen F. Graham, Panel Chair
Ms. Karen A. Holloman, Member
Mr. Wallace F. Beard Jr., Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Apr 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 4 May 06
Exhibit D. Letter, SAF/MRBR, dated 12 May 06.
KATHLEEN F. GRAHAM
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
XXXXXXX
Dear
Reference your application, AFBCMR Docket Number BC-2006-01087,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and the former
member’s available military records, the Board determined that the
evidence you presented did not demonstrate the existence of probable
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 PANEL CHAIR
ALGIE WAALKER, JR.
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
AIR FORCE BOARD FOR CORRECTION
OF MILITARY RECORDS
CASE TRANSMITTAL / COORDINATION RECORD
IN THE MATTER OF: DOCKET NO:
XXXXXXX BC-2006-01087
ROUTE IN TURN INITIALS DATE
1. CHIEF EXAMINER ________ ________
(Coord/Signature)
2. EXECUTIVE DIRECTOR ________ ________
(Coordination)
3. Ms. Kathleen F. Graham ________ ________
PANEL CHAIR
(Signature on Proceedings)
4. Return to Examiner
5. AFBCMR (Processing)
DARYL R. LAWRENCE
Examiner
Air Force Board for Correction
of Military Records
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