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AF | BCMR | CY2007 | BC-2006-02389
Original file (BC-2006-02389.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02389
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 FEBRUARY 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He served in Vietnam at Binh Thuy Air Base during the TET Offensive.   While
performing equipment operational  checks  in  the  radar  tower,  the  tower
sustained a direct hit  which  blew  him  fifteen  feet  above  ground.   He
doesn’t remember how he got to  the  dispensary  but  remembers  the  medics
saved at least one of his fingers.  After the stitching  of  his  hand,  the
two medical technicans had a heated debate over  whether  to  use  the  word
injured or wounded in the report.  He believes the wording on  the  incident
report has caused him to be unjustly denied the award of  the  PH  which  he
earned as a result of being wounded during enemy fire.

In support of his request, applicant provides a  personal  statement  and  a
copy  of  his  DD  Form  214.    Applicant’s   complete   submission,   with
attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 30 September 1975, the  applicant  was  relieved  from  active  duty  and
retired in  the  grade  of  technical  sergeant  effective  1 October  1975.
Applicant was credited with 20 years, 2 months and 24 days  of  service  for
basic pay and 20 years, and 14 day for active service for retirement.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR was  able  to  verify  that  on  3 June
1969, the applicant did incur a partial fingernail removal from  his  middle
finger due to an injury from a fall; however, they  were  unable  to  verify
the injury was  a  direct  result  of  enemy  action.   The  DPPPR  complete
evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 15 December 2006 for review and response within  30  days.   As  of  this
date, no response has been received by this office.

_________________________________________________________________

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
contention that he should be awarded the  Purple  Heart  for  an  injury  he
sustained while performing equipment operational checks in the  radar  tower
while at Binh Thuy Air Base,  Vietnam.   After  a  thorough  review  of  the
available records, we found no evidence the applicant is  eligible  for  the
award of the Purple Heart Medal.  According to the evidence  presented,  the
applicant received medical treatment for  partial  fingernail  removal  from
his medical finger due to an injury from  a  fall.   However,  there  is  no
documentary evidence to substantiate he was wounded in action  as  a  direct
result of enemy action.  While  we  appreciate  and  honor  the  applicant’s
service to his country, in view of the above and absent persuasive  evidence
showing his records are in error or unjust, the applicant’s  request  cannot
be favorably considered.

_________________________________________________________________

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  Docket  Number  BC-2006-02389
in Executive Session on 27 January 2006, under the  provisions  of  AFI  36-
2603:

            Ms. Charlene M. Bradley, Panel Chair
            Ms. Judith B. Oliva, Member
            Ms. Patricia R. Collins, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 Jun 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 27 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 15 Dec 06.





                                   CHARLENE M. BRADLEY
                                   Panel Chair

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