RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03540
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was injured by the enemy in Vietnam and feels he should
receive the PH.
In support of his application, the applicant submits a personal
statement; medical documents; award documents for the Air Medal;
DD Form 214, Armed Force of the United States Report of Transfer
or Discharge; DD Form 215, Correction to DD Form 214;
performance report closing 6 October 1968; and Medical
Recommendation for Flying Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
On 19 January 1966, the applicant enlisted in the Regular Air
Force at the age of 19 in the grade of airman basic for a period
of four years. He was progressively promoted to the grade of
sergeant (E-4) with a date of rank of 1 October 1968.
According to a military health record entry dated 29 March 1969,
the applicant, while stationed in Vietnam, sustained a small
laceration, not requiring sutures, after he was hit by a rock on
the back of his head.
On 10 December 1969, the applicant was honorably released from
active duty and transferred to the Air Force Reserve for
completion of term of service. He served four years and one day
on active duty of which two years, one month, and nine days were
foreign service.
The applicants DD Form 214 reflects he was awarded the National
Defense Service Medal, Air Force Good Conduct Medal, Vietnam
Service Medal with one Bronze Service Star, and the Republic of
Vietnam Campaign Medal. On 29 August 2007, his record was
corrected to reflect the award of the Air Medal. On 18 January
2008, the applicants record was corrected to reflect the award
of the Presidential Unit Citation with one Oak Leaf Cluster, Air
Force Outstanding Unit Award with Valor, Air Force Longevity
Service Award, the Republic of Vietnam Gallantry Cross with
Palm, and changed his Vietnam Service Medal with one Bronze
Service Star to a Vietnam Service Medal with one Silver Service
Star.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of the applicants request for the
PH medal. DPSIDR states to be awarded the PH, there must be
documentation (detailed accounts, eyewitness statements, and
medical documentation) to show wounds were a direct result of
enemy action. While there is medical evidence in the
applicants records that he sustained an injury during an attack
in Vietnam, there were no official documents submitted or in his
records to verify his injury was due to enemy action.
Therefore, they were unable to verify his entitlement for award
of the PH.
The DPPPR evaluation, with attachments, is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 25 January 2008, a copy of the Air Force evaluation was
forwarded to the applicant for review and response within
30 days. As of this date, this office has received no response.
________________________________________________________________
_
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. After a
thorough review of the available records, we found no evidence
that the individual is eligible for the award of the Purple
Heart Medal. The applicant did not provide any documentary
evidence to substantiate his claim that he was wounded in action
as a direct result of enemy action, or that he was recommended
for, or awarded, the Purple Heart Medal. The personal sacrifice
the applicant endured for his country is noted and the
recommendation
to deny the requested relief in no way diminishes the high
regard we have for his service. Nevertheless, in view of the
above, we find no basis to favorably consider 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 this application
in Executive Session on 19 March 2008, under the provisions of
AFI 36-2603:
Mr. XXXXXXXXXXXXXXX, Chair
Mr. XXXXXXXXXXXXXXX, Member
Ms. XXXXXXXXXXXXXXX, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2007-03540:
Exhibit A. DD Form 149, dated 1 Oct 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 19 Dec 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Jan 08.
XXXXXXXXXXXXXXXX
Panel Chair
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