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AF | BCMR | CY2007 | BC 2007 03942
Original file (BC 2007 03942.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-03942
      INDEX CODE:  107.00 
	XXXXXXXXXXXXXXXXXXX			COUNSEL: NONE

								HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He should receive the PH medal under Executive Order 11016 for 
injuries he sustained in the Republic of Vietnam on 18 November 
1964.  He was injured by a Viet Cong bomb blast while working as 
a civilian technical advisor to the military and on temporary 
duty to Tan Son Nhut Air Base, Vietnam.  He was taken to the 
base hospital; treated for scalp, arm, back, and leg 
lacerations; and released.  

In support of his application, the applicant submits personal 
statements, and copies of Executive Order 11016, correspondence 
in connection with his quest for the PH medal, photos, news 
articles, identification cards, a civilian performance letter, 
and military discharge documents.  

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force 
from 14 December 1959 to 13 December 1963.  He was honorably 
released from active duty in the grade of airman first class (E-
4) with a total of 4 years of active military service.  
Subsequent to his release from active duty, the applicant became 
a technical representative for Fairchild Camera and Instrument 
and was assigned to Kadena Air Base, Japan.  While assigned 
there, he went on temporary duty to Tan Son Nhut Air Base, 
Vietnam.  According to copies of newspaper articles submitted by 
the applicant, he was injured while dining at a Civil Aviation 
Club mess, adjacent to the Tan Son Nhut Air Terminal, when a 
bomb exploded destroying the restaurant.   

On 26 March 2007, the applicant’s request for the PH was sent 
before the Purple Heart Review Board (PHRB).  The PHRB denied 
the applicant’s request.  
________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial of the applicant’s request for the 
PH medal.  DPSIDR states to be awarded the PH, there must be 
documentation (detailed account, eyewitness statements, and 
medical documentation) to show the wounds received were a direct 
result of enemy action.  There was no medical evidence found or 
submitted by the applicant.  

The DPSIDR evaluation is at Exhibit B.  

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In response to the Air Force advisory opinion the applicant 
submitted a personal statement describing, in more detail, the 
events that took place on 18 November 1964.  Under separate 
cover, a past co-worker submitted a character reference for the 
applicant.

The applicant’s rebuttal, with attachments, is at Exhibit D.

________________________________________________________________
_

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 10 June 2008 under the provisions of AFI 
36-2603:

	XXXXXXXXXXXXXXX, Panel Chair
	XXXXXXXXXXXXXXX, Member
	XXXXXXXXXXXXXXX, Member

The following documentary evidence for AFBCMR Docket Number BC-
2007-03942 was considered:

	Exhibit A.  DD Form 149, dated 30 Nov 07, w/atchs.
	Exhibit B.  Letter, AFPC/DPSIDR, dated 1 Apr 08.
	Exhibit C.  Letter, SAF/MRBR, dated 11 Apr 08.
	Exhibit D.  Applicant’s Rebuttal, dated 15 Apr 08, w/atchs.




						XXXXXXXXXXXXX
						Panel Chair


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