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AF | BCMR | CY2006 | BC-2006-02907
Original file (BC-2006-02907.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-02907
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  27 March 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Airman’s Medal (AmnM) and the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was awarded the Airman’s Medal for Heroism and the Purple Heart for
injuries, therefore, they should be added to his DD Form 214.

In support of the appeal, applicant submits a copy of his DD Form  214
and a copy of a newspaper article.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant is a former enlisted member of the  Regular  Air  Force  who
served on active duty from 12 Apr 67 to 9 Apr 71.  He was assigned  to
Phan Rang AFB, Vietnam.

The 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.

_________________________________________________________________




AIR FORCE EVALUATION:

AFPC/DPPPR recommends the applicant’s request for award of the  PH  be
denied and states, in part, to  be  awarded  the  PH,  a  member  must
provide a detailed personal account, certified eyewitness  statements,
and medical documentation to show  the  wound  received  treatment  by
medical personnel and occurred as a direct  result  of  enemy  action.
Applicant has not provided a detailed account  of  the  incident,  the
date of the injury, nor a  witness  statement  to  help  validate  his
claim.  Furthermore, there is no official military documentation  that
states he was injured by enemy action.

A complete copy of the evaluation is at Exhibit C.

On 6 Oct 06, applicant was informed that his case has  been  partially
resolved administratively.  DPPPR  verified  his  entitlement  to  the
Airman’s Medal from Special Order G-902.  A DD Form 215, Correction to
DD Form 214, Certificate of Release or Discharge from Active Duty, has
been  provided  to   show   that   the   Airman’s   Medal   has   been
administratively added to the applicant’s DD Form 214.  He was further
informed that they were unable to verify his entitlement to the PH.

A copy the letter and DD Form 215 are at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant provided  a  statement  dated  25  Sep  06,  explaining  the
accident that occurred the night in Oct 68.

Applicant's  complete  response,  with  attachments,  is  attached  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 to warrant awarding the  PH.   The
office  of  primary  responsibility  has  determined  the  applicant’s
eligibility for the Airman’s Medal (AmnM),  and  has  administratively
corrected his records accordingly.  As such,  the  only  issue  before
this Board is his request for the PH.  In order to be eligible for the
PH, a member must have been  wounded  as  a  direct  result  of  enemy
action, and the wound required treatment by medical personnel.   While
the applicant contends  he  was  awarded  for  injuries,  he  has  not
provided a detailed account of the incident, the date of  the  injury,
nor a witness statement to  help  validate  his  claim.   Furthermore,
there is no official military documentation that states he was injured
by enemy action.  The personal sacrifice he endured for his country is
duly noted and our decision in no way diminishes the  high  regard  we
have for his service; however, in the absence of evidence that he  was
injured as a direct result of enemy action,  we  find  no  basis  upon
which to recommend that he be awarded the PH.

_________________________________________________________________

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-
2006-02907 in  Executive  Session  on  30  November  2006,  under  the
provisions of AFI 36-2603:

            Mr. Wayne R. Gracie, Panel Chair
            Ms. LeLoy W. Cottrell, Member
            Mr. Alan A. Blomgren, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 6 Sep 06, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFPC/DPPPR, dated 6 Oct 06.
      Exhibit D. Letter, AFPC/DPPPR, dated 6 Oct 06.
      Exhibit E. Letter, SAF/MRBR, dated 20 Oct 06.
      Exhibit F. Applicant’s Letter, dated 25 Sep 06.




                             WAYNE R. GRACIE
                             Panel Chair

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