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 applicants 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 applicants request for the PH was sent
before the Purple Heart Review Board (PHRB). The PHRB denied
the applicants request.
________________________________________________________________
_
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 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 applicants 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. Applicants Rebuttal, dated 15 Apr 08, w/atchs.
XXXXXXXXXXXXX
Panel Chair
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