RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER: BC-2006-02797
            INDEX CODE:  107.00

            COUNSEL:  NONE
            HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  13 MARCH 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Air Medal (AM) and Purple Heart (PH) Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

When stationed at Tuy Hoa  Air  Base,  Vietnam  as  an  aircraft  instrument
repairman, a Special Operations Squadron consisting of 02-B’s  was  assigned
to the base.  In talking with pilots and others, he was told that  a  person
can receive the Air Medal for flying 35 sorties.  On his days  off,  and  as
time permitted, he volunteered to fly with the unit.  He  did  this  because
he enjoyed flying, and also to  get  additional  points  for  promotion,  by
earning the Air Medal.

While performing emergency  work  on  an  aircraft  loaded  with  bombs  and
ammunition, he hit his head on the tail fin of a 500 pound  bomb  causing  a
momentary blackout.  His supervisor sent him to the hospital for  treatment.


In support of his request, applicant provided his  personal  statement,  his
DD Form 214, Armed Forces  of  the  United  States  Report  of  Transfer  or
Discharge, and an excerpt from his military personnel record.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 13 Apr 67, the applicant enlisted in the Regular Air Force in  the  grade
of airman third class for a period of four years.  He served as an  Aircraft
Instrument  Repairman  and  was  progressively  promoted  to  the  grade  of
sergeant.  The applicant was released from active duty  and  transferred  to
the Air Force Reserve (AFRES).  He served  four  years  on  active  duty  of
which 1 year, 11 months, and 29 days was foreign service.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request  for  award  of  the
Air Medal and Purple Heart Medal.

DPPPR states that  after  a  through  review  of  the  applicant’s  military
record, they were unable to find evidence the applicant was recommended  for
or awarded the AM.  The applicant did not provide  supporting  documentation
to support his claim, such as a copy of an AM  certificate,  special  order,
or a decoration recommendation.  They also stated  that  the  applicant  has
made several requests and each time he was sent the NDAA rules  and  he  did
not respond with new documentation or a recommendation for the AM.

To be awarded the PH, a member must provide documentation to support he  was
wounded as a direct result of enemy action and must  have  received  medical
treatment by medical personnel.  In addition,  it  is  necessary  the  wound
required or received  medical  treatment  by  medical  personnel.   Indirect
injuries do not meet Purple Heart criteria.  Indirect injuries  include  but
are not limited to, diseases,  exposure,  injuries  received  while  seeking
shelter from mortar or rocket  attacks,  aircraft  bombings,  grenades,  and
injuries incurred while serving as an aircraft  member  or  in  a  passenger
status as a result of the aircraft’s evasive measures against hostile fire.

Applicant’s  military  records  did  not  have  medical   documentation   of
treatment in a field hospital of injuries sustained as a  direct  result  of
enemy action.  The  applicant  did  not  provide  medical  documentation  to
substantiate the injuries were a result of enemy action.  The applicant  has
requested the PH several  times  and  each  time  he  was  asked  to  submit
documentation to substantiate his claim in order to present his case to  the
Purple Heart Review Board.  To date DPPPR has not received any new  evidence
or documents.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

There was a record of his head injury.  He was treated at the base  hospital
and his treatment was documented in his medical records.  He reiterates  the
fact that had the aircraft not been needed for a mission  at  the  time,  he
would not have been on the flight line  working  on  it.   He  believes  his
injury was a result of enemy action.  He states, “How can a person  fainting
in formation in Panama be as a direct result,  and  is  awarded  the  Purple
Heart.”

He has no copies of the flight logs, as he was not given any.  If there  was
no record of his head injury, “What other records have been  lost,  possibly
the flight logs?”

He would like his Air Force Commendation Medal (AFCM)  to  be  removed  from
his record.  It was awarded for the period of 8 May 69 to 7 May 70, and  was
presented to him on 17 Mar 70, two months prior to him earning  it.   If  he
does not deserve the “Purple Heart and Air Medal,” then he does not  deserve
any other awards, he did not earn.

Applicant's complete response 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  an  error  or  injustice.   After  thoroughly  reviewing  the
evidence of record and  noting  the  applicant’s  contentions,  we  are  not
persuaded that he has been  the  victim  of  an  error  or  injustice.   The
applicant’s personal sacrifice and  unselfish  service  to  his  country  is
noted and our decision  should  in  no  way  lessen  his  service;  however,
insufficient documentary evidence has been  presented  to  warrant  awarding
him the Air Medal or Purple Heart.  Therefore, in the  absence  of  evidence
to the contrary, we agree with the opinion of the  Air  Force  and  find  no
compelling  basis  to  recommend  granting  the  relief   sought   in   this
application.

4.  We note the applicant’s statement  that  if  he  does  not  deserve  the
Purple Heart and the Air Medal, then he does not deserve  any  other  awards
he did not earn.  Therefore, he would like the AFCM to be removed  from  his
records.  However, in the absence  of  a  showing  that  his  award  of  the
decoration was either in  error  or  unjust,  no  basis  exists  to  warrant
approval of this request.

________________________________________________________________

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-
02797 in Executive Session on 18 and 24 January 2007, under  the  provisions
of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Teri G. Spoutz, Member
      Ms. Mary C. Puckett, Member

The following documentary evidence  pertaining  to  Docket  Number  BC-2006-
02797 was considered:

    Exhibit A.  DD Form 149, dated 9 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Nov 06.
    Exhibit D.  Letter, SAF/MRBR, dated 8 Dec 06.
    Exhibit E.  Letter, Applicant, dated 8 Jan 07, w/atchs.




                                             MICHEAL K. GALLOGLY
                                             Panel Chair