RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03954
		INDEX CODE:  107.00
	XXXXXXXXXXXX	COUNSEL:  NOT INDICATED

	 	HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received on 9 Feb 72, 
when his barracks were hit by a 122mm rocket. Two other 
individuals received the PH for injuries they incurred that 
night and he should have also, but did not.  The fact that he 
was not awarded the PH is unjust because he was wounded along 
with two others who received the PH.

In support of his request, applicant submits a copy of his DD 
Form 214, Armed Forces of the United States Report of Transfer 
or Discharge, two copies of VA Form 21-4138, Statement in 
Support of Claim, and a copy of a letter to his Senator.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 21 Oct 68, 
for a term of four years and was progressively promoted to the 
grade of sergeant, with overseas tours in Vietnam and Indochina.  

He was released for Convenience of the Government on 2 Apr 72, 
after serving a total of 3 years, 5 months, and 12 days active 
duty service.  He was awarded the National Defense Service Medal 
(NDSM), the Vietnam Service Medal (VSM), the Republic of Vietnam 
Campaign Medal (RVCM), and the Small Arms Experts Marksmanship 
Ribbon.  



On 26 Mar 96, the DVA denied the applicant’s request for a 
service-connected disability for soft tissue sarcoma and 
porphyria cutanea tarda (PCT), residuals to Agent Orange.  

In accordance with AFM 900-3, dated 20 Nov 69, during the period 
in question the Purple Heart (PH) was awarded for wounds 
received in action against an enemy, or as a direct result of an 
act of any enemy, opposing armed force, or hostile foreign 
force.  For the purpose of considering award of the PH, a wound 
was defined as an injury to any part of the body from an outside 
force or agent.  A physical lesion was not required, provided 
the concussion or other form of injury received was due to 
direct enemy, opposing armed force, or hostile foreign force 
action.

________________________________________________________________
_

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial and states, in part, that no 
official medical documentation was located, nor provided, to 
substantiate the applicant was injured on 9 Feb 72.  He provided 
two statements in support of his claim to the Department of 
Veterans Affairs (DVA), signed by two witnesses, neither of 
which gives a detailed account of what direct injuries the 
applicant received.  A Report of Medical History, dated 6 Mar 
72, indicates no illness or injury other than those already 
noted.  In regards to the two individuals that received the PH, 
they were unable to order the records of one of the individuals 
and unable to verify the military records of the other.

The DPSIDR evaluation is attached at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The rocket hit and exploded just feet away from him, he incurred 
shrapnel wounds to both arms and was knocked unconscious.  He 
was pulled from the rubble and to safety.  Neither he, nor his 
two witnesses, can recall the exact events after the attack and 
cannot attest to him receiving medical treatment for his 
injuries.  

They could have gotten together and fabricated a story but did 
not.  If telling the truth and not remembering the specifics 
will be the determining factor for him being denied the PH, he 
will just have to live with the injustice.  He was recently 
awarded a 40 percent compensable disability rating by the DVA.  

This award is directly related to the rocket attack and his life 
since that night.  He experienced something that night that 
affected his life forever.  Somehow he fell through the cracks 
of 


the system and it would be a terrible injustice if his claim is 
denied.

The applicant’s complete response, with attachments, is at 
Exhibit E.

________________________________________________________________
_

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, evidence has not been presented which would 
lead us to believe that his injuries were the direct result of 
enemy action.  Therefore, we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion that the 
applicant has not been the victim of an error or injustice.  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 a 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 no considered 
with this application.

________________________________________________________________
_

The following members of the Board considered Docket Number BC-
2007-03954 in Executive Session on 24 Jun 08, under the 
provisions of AFI 36-2603:

			XXXXXXXXXXXXX, Panel Chair
			XXXXXXXXXXXXX, Member
			XXXXXXXXXXXXX, Member



The following documentary evidence pertaining to Docket Number 
BC-2007-03954 was considered:

	Exhibit A.	DD Form 149, undated, w/atchs.
	Exhibit B.	Applicant's Available Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPSIDR, dated 4 Apr 08.
	Exhibit D.	Letter, SAF/MRBR, dated 11 Apr 08.
	Exhibit.E.	Letter, Applicant, dated 28 Apr 08, w/atchs.




	XXXXXXXXXXXXXXXX
	Panel Chair