RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02314
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be changed to reflect authorization for him to wear the Air
Staff Identification Badge and that he was awarded  the  Purple  Heart
Medal (PHM) as a result of a concussion he received during a  shelling
incident that occurred at Bien Hoa Air Base in Vietnam on 3 May 1970.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The  Air  Staff  Identification  Badge  was  recently   approved   and
authorized for wear by personnel who had been previously  assigned  to
the Secretary of the Air Force (SAF) or  HQ  USAF  for  at  least  365
consecutive days.  He was assigned to HQ USAF from 15 August  1977  to
21 June 1979 and with SAF from 22 June 1979 to 31 May 1983.

On 3 May 1970 he was having breakfast in the Mess hall when  a  rocket
attack began.  He left the Mess Hall and was running for a bunker when
an enemy rocket exploded a few yards away from him.  He was lifted off
his feet and slammed into the ground.  He noticed  one  of  his  knees
bleeding and several other minor abrasions present on his body.  Also,
he hurt his back as a result of being slammed onto the ground and  was
not able to bend over for several days as a result.

On 6 June  2006,  AFPC/DPPD  found  him  eligible  for  Combat-Related
Special Compensation (CRSC) for injuries incurred on 3  May  1970,  in
the Line of Duty (LOD) and as a direct result of armed  conflict.   He
received permanent injuries on 3 May 1970 as a result of a  concussion
from enemy generated explosives.  He is therefore eligible  for  award
of the PHM.

In support of his  appeal,  the  applicant  has  provided  a  personal
statement and copies of several Enlisted Performance  Reports  (EPR’s)
as well as a copy of a letter he received from  AFPC/DPPD  wherein  he
was awarded a total Combat-Related  disability  award  of  10%  for  a
spinal disc condition.

Applicant’s complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:

Applicant enlisted with the Regular Air Force on 18 February 1966.  He
was progressively promoted to the grade of Chief Master Sergeant  with
a date of rank (DOR) of 1 December 1983.  He served for  26  years,  2
months, and 20 days.  He was relieved from active  duty  effective  31
July 1992 and retired for length of service effective 1 August 1992.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSOO recommends his request to change his record to reflect  his
eligibility to wear the Air Staff Identification  Badge  be  approved.
DPSOO, after a thorough  review  of  his  record,  found  he  met  the
criteria for wear of  the  Air  Staff  Identification  Badge  and  has
directed  his  record  be  administratively  corrected  to  show   his
eligibility.

DPSOO’s complete evaluation is at Exhibit C.

AFPC/DPPPR recommends denial of his request to  be  awarded  the  PHM.
DPPPR  states  to  be  awarded  the  PHM,  a   member   must   provide
documentation to support he was wounded as a direct  result  of  enemy
action (emphasis by  DPPPR).   DPPPR  stated  he  did  not  provide  a
certified detailed account from a witness with first hand knowledge of
the incident that occurred on 3 May 1970.  DPPPR was unable to  locate
official documentation to help verify the  applicant  was  injured  in
Vietnam and, the applicant did not provide proof  (medical  documents,
certified eyewitness statements, etc…) of the rocket  attack  and  the
injuries he received as a result.  DPPRS submitted his PHM request  to
the PHM Review Board for consideration.  On 28 September 2006, the PHM
Review Board disapproved his request for award of the PHM.

DPPPR’s complete evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant admits to being surprised that his application for award  of
the PHM was forwarded to the PHM Review Board indicating injury to his
left knee only.  He states he  submitted  his  request  based  on  the
permanent spinal injuries he received as a result of concussion  on  3
May 1970.  The injury to his knee however, has led  to  the  onset  of
advanced arthritis and has made him a candidate for  knee  replacement
surgery.  He contends in his case, the Air  Force  while  undermanned,
did not always document everything  the  way  they  should  have.   He
believes more attention was paid to the ongoing  operations  than  was
paid to insignificant medical events that were routinely treated by on
scene medics prior to members being returned to duty.  He is now sorry
the medics at the time did not document  properly  everything  in  his
medical records nor did they provide  any  follow  up.   Although  his
application is not  as  thoroughly  documented  as  it  might  be,  he
contends the documented permanent spinal injuries he received on 3 May
1970 were tantamount to wounds received in combat and he is  therefore
eligible for award of the PHM.

Applicant’s response, with attachments, is at Exhibit F.

_________________________________________________________________

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 complete submission in judging the  merits  of  the  case;
however, we agree with the opinions and  recommendations  of  the  Air
Force offices 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  applicant  was  not  able  to
provide evidence to substantiate his claim he was injured as a  direct
result of enemy action.  Therefore, in the absence of evidence to  the
contrary, 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 considered AFBCMR Docket Number BC-
2006-02314 in  Executive  Session  on  29  November  2006,  under  the
provisions of AFI 36-2603:



      Mr. Michael K. Gallogly, Panel Chair
      Ms. Janet I. Hassan, Member
      Mr. Richard K. Hartley, Member


The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 28 Aug 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOO, dated 20 Sep 06.
    Exhibit D.  Letter, AFPC/DPPPR, dated 2 Oct 06.
    Exhibit E.  Letter, SAF/MRBR, dated 20 Oct 06.
    Exhibit F.  Letter, APPLICANT, dated 26 Oct 06, w/atchs.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair