RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-01330
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  01 NOVEMBER 2007

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal and any  other  decorations  for
his service in Vietnam.

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APPLICANT CONTENDS THAT:

He was told he would be put in for one, but nothing  ever  happened  after
his injury.

On 16 Apr 70, while conducting fire  arm  training  in  Vietnam  with  new
recruits, the M-60 a recruit was firing jammed.  He grabbed the M-60  from
the new recruit, and the weapon exploded.   When  it  exploded  everything
blew out the right side and into his hand, wrist, elbow, and arm.  He  was
treated at the compound hospital, bandaged, and sent  back  to  his  unit.
His First Sergeant told him he would put him in for a Purple Heart, but it
never happened.

In support of his appeal, the applicant provides a personal statement, and
a copy of his chronological record of medical care.

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

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STATEMENT OF FACTS:

The records reflect that applicant served on active duty in the Air  Force
from 28 Sep 67 – 3 Mar 71.  His DD Form 214, (Armed Forces of  the  United
States Report of Transfer or Discharge) reflects 11 months, and 25 days of
Foreign Service.  Also he was awarded the National Defense Service  Medal,
and the Vietnam Service Medal.

His service record indicates that he served in Vietnam from 1969 to 1970.

By letter, dated 22 May 06, AFPC Awards and Decorations  Section,  advised
the applicant of his entitlement to the Air Force Outstanding  Unit  Award
with Valor and 1 Oak Leaf  Cluster  (AFOUA  w/V  and  1OLC),  Republic  of
Vietnam Campaign Medal (RVNCM), Republic of Vietnam Gallantry  Cross  with
Palm (RVNGC w/P), and Vietnam Service Medal with 2  Bronze  Service  Stars
(VSM w/2 BSS).  Also, that the RVNGC  w/P  is  a  foreign  award  and  not
stocked by the United States Air  Force,  but  may  be  purchased  through
Commercial Sources.  His Report of Separation will be updated  to  include
the aforementioned medals.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR  states  that  they  were  unable  to
locate any documents in the applicant’s  military  record  to  verify  his
entitlement  to  the  Purple  Heart.   Applicant  was  seen   by   medical
authorities in Vietnam for burns on his arm/hand; however, they are unable
to verify direct result of enemy action.  Additionally, the applicant  did
not submit documentation to verify his entitlement to the PH.

The Purple Heart (PH) is awarded for wounds received as a direct result of
enemy actions (i.e.,  gunshot  or  shrapnel  wounds,  hand-to-hand  combat
wounds, forced aircraft bail out injuries,  etc.).   In  addition,  it  is
necessary that the wound have required or received  treatment  by  medical
personnel.  Indirect injuries do not meet the criteria for  award  of  the
PH.  These include, but  are  not  limited  to,  injuries  received  while
seeking  shelter  from  mortar  or  rocket  attacks,  aircraft   bombings,
grenades, and injuries incurred while serving as an aircrew member or in a
passenger status  because  of  the  aircraft’s  evasive  measures  against
hostile fire.
The AFPC/DPPPR evaluation is at Exhibit C.

The DPPPR complete evaluation, with attachments is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reiterates his initial contentions, but adds on the  morning
of 16 Apr 70, during weapons training they had taken on  an  enemy  mortar
round, that is when he instructed everyone to open up in the direction  of
the mortar, the dense jungle.  If there had not  been  that  mortar  round
from the enemy, he would not have instructed the recruits to open up  with
their weapons.  Therefore, the M-60 would not have exploded or jammed.  He
feels this was a result of enemy action, and that he was treated  for  the
shrapnel wounds by official medical personnel.  He does  not  feel  he  is
asking for something he did not earn, by risking his life.

Applicant's complete response is at Exhibit E.

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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.  The  applicant’s  contentions  are  duly
noted; however, after  a  thorough  review  of  the  applicant’s  complete
submission, to include his additional comments and the available evidence,
we are not persuaded that he has been the victim of an error or injustice.
 Other than his own assertions, the applicant has provided no  documentary
evidence that would establish his entitlement to the Purple Heart.   While
we appreciate the personal sacrifice the applicant has endured, and  honor
his service to his country, in view of the above and  in  the  absence  of
evidence to the contrary, we have no basis on which to favorably  consider
this request.

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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-
01330 in Executive Session on 28 September 2006, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Alan A. Blomgren, Member
      Mr. Grover L. Dunn, Member

The following documentary evidence pertaining to Docket  Number   BC-2006-
01330 was considered:

    Exhibit A.  DD Form 149, dated 25 Apr 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 18 May 06.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Aug 06.
    Exhibit E.  Statement, Applicant, dated 22 Sep 06.




                                             JAMES W. RUSSELL, III
                                             Panel Chair