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AF | BCMR | CY2006 | BC-2006-01735
Original file (BC-2006-01735.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01735
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  10 DECEMBER 2007
_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on his right wrist and also  suffered  injury  to  his  lower
back by the Viet Cong at  Tan  Sun  Nhut  Air  Base,  Saigon.   The  attacks
occurred during the night over many days.  His sergeant  took  care  of  his
wounds and returned him to duty at the airport.   He  was  awarded  the  Air
Force Commendation Medal; however, he was never awarded the  PH  medal.   He
volunteered and served two tours of duty in Vietnam and is proud he had  the
opportunity  to  serve  his  country.   He  served  his  country  well,  was
wounded/injured and he deserves to be awarded the PH medal.

In support  of  the  application,  the  applicant  submits  a  copy  of  his
separation document (DD 214),  a  copy  of  his  PCS  orders  and  discharge
orders, a copy  of  his  discharge  certificate  (USAFR),  pictures  of  the
perimeter at Tan Sun Nhut Air Base, Saigon (2), and pictures  of  his  wrist
injury.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 21 Nov 69, the applicant was released from active duty  service  and  was
honorably discharged in the grade of  sergeant.   He  was  credited  with  3
years, 8 months, and 21 days of total prior  active  service  to  include  2
years, 2 months and 2 days of Foreign Service.

His awards include the National Defense Service Medal, the  Vietnam  Service
Medal, the Republic of Vietnam Medal, and the Air Force Good Conduct Medal.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial of the applicant’s  request.   DPPPR  states
the PH is awarded for wounds received as a direct result of  enemy  actions.
In addition, it is necessary that the wound required or  received  treatment
by medical personnel.  Indirect injuries do not meet the criteria for  award
of the PH.  DPPPR states they were unable to verify  the  applicant’s  right
wrist injury.  The Purple Heart Review  Board  disapproved  the  applicant’s
request of the PH on 24 Jul 06.

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

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated August 31, 2006, the applicant states he is  in  shock
at DPPPR’s recommendation to deny his request.  He was already wounded  with
a piece of shrapnel stuck in his wrist when  he  jumped  into  a  ditch  for
cover and injured his lower back.   He  had  the  piece  of  shrapnel  as  a
souvenir for many years; however, he is now unable to  locate  it.   He  did
not mention anything to the VA hospital regarding his wrist because  it  had
already healed and was not giving him any problems.  He went to  Vietnam  to
defend his country and was wounded.  It is not  his  fault  that  the  medic
failed to document his records.  His only other  evidence,  aside  from  the
scar on his right wrist, is his emotional, physical  and  mental  condition.
After 37 years, he still has the image of his fellow service  members  being
removed from trailers in  body  bags.   He  receives  psychiatric  help  and
medication so that he can sleep.  This evidence is not documented but it  is
engraved in his head until the day he dies (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.   We  took  notice  of  the  applicant’s
contention  that  he  should  be  awarded  the  Purple  Heart  for  injuries
sustained during his assignment in Vietnam.  After a thorough review of  his
submission we are not persuaded that he should be awarded the  Purple  Heart
Medal.  There is no corroborating evidence, medical or otherwise,  that  the
injuries he alleges he sustained were a direct result of enemy  action.   In
addition, the  applicant  did  not  provide  supporting  documentation  from
eyewitnesses or testimony from other former members of  his  unit  who  were
with him at the time that can  account  for  his  injuries.   Therefore,  we
agree with the opinion  and  recommendation  of  the  Air  Force  office  of
primary responsibility and adopt  their  rationale  as  the  basis  for  our
conclusion that the applicant has  not  been  the  victim  of  an  error  or
injustice.

_________________________________________________________________

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 AFBCMR Docket Number  BC-2006-
01735 in Executive Session on 20 September 2006,  under  the  provisions  of
AFI 36-2603:

           Mr. Michael J. Novel, 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 2 June 06 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 Jul 06.
     Exhibit D.  Letter, SAF/MRBR, dated 4 Aug 06.




                                  MICHAEL J. NOVEL
                                  Panel Chair

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