RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-01430
                       INDEX CODE:  107.00
                       COUNSEL:  VIETNAM VETERANS OF
                                     AMERICA
                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 NOVEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the  Purple  Heart  (PH),
Vietnam Campaign Medal and the Vietnam Service Medal (VSM)  with  four
Bronze Battle Stars.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he is entitled to these awards.  He had  no  idea  he  was
still entitled to these awards.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on  2 December
1970 for a period of four years as an airman basic (AB).

The applicant’s performance reports reflect he was assigned  to  Ching
Chuan Kang AB, Taiwan from 2 December 1970 through 25 July 1972.

A medical note dated 15  February  1972,  states  the  applicant  fell
approximately one week ago and injured his knee.  There is no evidence
in the applicant’s records to indicate the injury he incurred was  the
result of enemy action.

The applicant was honorably  discharged  on  29  May  1976  under  the
provision of AFM 39-10 in the grade of sergeant.  He served 5 years, 5
months and 28 days of active duty service.

The  Directorate  of  Assignments  after  a  thorough  review  of  the
applicant’s records verified he was on ground in Vietnam  in  February
1972.

On 21 June 2006, HQ AFPC/DPPPR informed the applicant that his records
will be amended to add the VSM to his DD Form 214.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested  relief  be  denied.   HQ/DPPPR
states the PH is awarded for wounds received as  a  direct  result  of
enemy action.  The wounds must have required or received treatment  by
medical personnel.  Indirect injuries do not  meet  the  criteria  for
award of the PH.  They further state they were unable  to  verify  the
applicant’s assigned unit participated in four  campaigns  in  Vietnam
during the time he as assigned to the unit.

Servicemembers are awarded the RVNCM serving in Vietnam for six months
during the period 1 March 1961 and 28 March 1973; and  served  outside
of the geographical limits of South  Vietnam  and  contributed  direct
combat support to the Republic of Vietnam (RVN) Armed  Forces  for  an
aggregate of six months.

AFPC/DPPPR is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant  and
counsel on 30 June 2006, for review and response.  As of this date, no
response has been received by this office.

On 6 July  2006,  the  applicant’s  counsel  submitted  a  request  to
temporarily withdraw the applicant’s case (Exhibit E).

On 20 July 2006, the Board staff informed the  applicant  and  counsel
the applicant’s case had been temporarily withdrawn per their  request
(Exhibit F).

On 25 April 2007, the Board staff informed the applicant  and  counsel
that since his request had been held in abeyance  for  more  than  six
months, the Board staff will be closing his case (Exhibit G).

On  15  May  2007,  the  applicant’s  counsel   submitted   additional
documentation to support the applicant’s request for award of the  VSM
and requested the applicant’s case be reopened for processing (Exhibit
H).

_________________________________________________________________

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 an error or an injustice.   We  took  notice  of  the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and the recommendation of  the  Air
Force and adopt its rationale as the basis for our conclusion that the
former servicemember has not  been  the  victim  of  an  error  or  an
injustice.  As stated, the applicant’s records  were  administratively
corrected awarding him the VSM.  The  documentation  provided  by  the
applicant and his military records  do  not  substantiate  he  had  an
injury that met the criteria for award of the PH; nor has he  provided
any evidence to substantiate the request for award of the PH, such  as
an eyewitness  statement  validating  the  incident  relating  to  the
injuries.  Furthermore, there was no evidence located  to  verify  the
applicant’s unit of  assignment  participated  in  four  campaigns  in
Vietnam during the time the applicant was assigned to be eligible  for
four Bronze  Service  Stars.   There  was  no  evidence  submitted  or
provided by the applicant  to  substantiate  his  entitlement  to  the
RVNCM.   While  we  are  not  unmindful  or  unappreciative   of   the
applicant’s service to his Nation, 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 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  this  application  in  Executive
Session on 18 July 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Barbara R. Murray, Member
                       Mr. Richard K. Hartley, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2006-01430 was considered:

      Exhibit A. DD Form 149, dated 7 June 06, w/atchs.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 6 Sep 06.
      Exhibit D. Letter, SAF/MRBR, dated 6 Sep 06.
      Exhibit E. Letter, Applicant’s Counsel, dated 6 Jul 06.
      Exhibit F. Letter, AFBCMR, dated 20 Jul 06.
      Exhibit G. Letter, AFBCMR, dated 25 Apr 07.
      Exhibit H. Letter, Applicant’s Counsel, dated 15 May 07.





                             THOMAS S. MARKIEWICZ
                             Chair