RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-02988
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXX                  COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  2 Apr 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for an injury he received  on  a  combat
flight over Vietnam.

________________________________________________________________

APPLICANT CONTENDS THAT:

He did not receive the PH for the injury.

On 28 February 1970, while engaged on a 01A  combat  reconnaissance  mission
in a C-130B aircraft over North Vietnam,  the  aircraft  filled  with  smoke
and, as the maintenance technician, he investigated  and  found  the  source
was a power unit that was on fire.  After a small passage of  time,  he  was
able to remove the unit, which weighed about 125 pounds and  was  white  hot
with molten metal running  down  on  the  floor,  and,  in  the  process  of
removing it, burned/seared the palm and three  fingers  of  his  left  hand.
After landing, he sought treatment at the Cam Ranh Bay  Emergency  Room  and
they applied salve, wrapped his hand,  and  gave  him  some  pain  relieving
medication.

In support of the appeal, applicant submits a letter to the Board  dated  26
September 2006, a copy of a Distinguished Flying  Cross  (DFC)  citation  he
contends established the date of the injury as  28  February  1970,  and  an
extract from AR 600-45 which he contends establishes his entitlement to  the
PH as having met the “in the face of the enemy” criteria.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 24 May 1954 and served  until  his
retirement in the grade of Chief Master Sergeant (E-9)
on 1 December 1975.  During this time, applicant served in Vietnam as  an
Electronic Warfare Superintendent at Cam Ranh Bay AB, RVN, from July 1969
to July 1970, and was awarded the DFC for extraordinary achievement while
participating in aerial flight on  28  February  1970,  as  well  as  the
Vietnam Service Medal and the Republic of Vietnam Campaign Medal.

To be awarded the PH, documentation must exist to support that  a  member
was wounded as a direct result of enemy action and received treatment  by
medical personnel; indirect injuries do not meet PH criteria.

A thorough review of applicant’s medical and  military  records  did  not
reveal medical documentation of treatment in a field hospital of injuries
sustained as a direct result of enemy action, nor did  applicant  provide
medical documentation to  substantiate  that  injuries  received  were  a
direct result of enemy action.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial since there  is  no  medical  documentation  of
treatment in a field hospital of injuries sustained as a  direct  result  of
enemy action and applicant did not provide the needed documentation to  make
a determination.  They further advise that the  Purple  Heart  Review  Board
has the authority to determine a veteran’s entitlement to the PH, that  each
request is considered based on the policies and criteria in use at the  time
the veteran was injured, the determination is dependent on  the  documentary
evidence presented, and provided applicant with  documentation  required  to
present his request to the Purple Heart Review Board.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded to  the  Air  Force  Evaluation  on  24  November  2006,
stating that the enemy did  not  directly  cause  the  injury;  rather,  the
injury occurred while taking actions against the enemy.  He  further  stated
that he was not surprised that  his  records  did  not  show  the  treatment
received as he does not think that any of his records ever reached Viet  Nam
and he did not see any mention regarding a review of the 12AF hospital  logs
for that date.  He provided another copy of the letter to  the  Board  dated
26 September 2006, stating that he thought it was complete but it  does  not
contain his unit of assignment which was OL-2,  and  later  DET  1,  of  the
6990th Security Squadron at Cam Ranh Bay, RVN.

Applicant’s  complete  response  to   the   Air   Force   Evaluation,   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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  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  since  there
is no medical documentation of treatment in a  field  hospital  of  injuries
sustained as a direct result of enemy action and applicant did  not  provide
the needed  documentation  to  make  a  determination.   Therefore,  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 considered  Docket  Number  BC-2006-02988
in Executive Session on 25 January 2007, under the  provisions  of  AFI  36-
2603:

                       Mr. Michael J. Novel, Panel Chair
                       Mr. Garry G. Sauner, Member
                       Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Sep 06, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Nov 06.
    Exhibit D.  Letter, Applicant, dated 24 Nov06, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 17 Nov 06.




                                   MICHAEL J. NOVEL
                                   Panel Chair