RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-03028
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  26 March 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for injuries received in Vietnam due  to
enemy actions on 8 August 1968.

________________________________________________________________

APPLICANT CONTENDS THAT:

His Squadron Commander (SQ/CC) was shot in the chest  during  an  engagement
with enemy forces on 8 August 1968.  He was carrying  his  SQ/CC  to  safety
when he was injured.  His SQ/CC could not submit  paperwork  for  the  award
due to his own injuries.

Since the injury, he is still not able to walk or stand  for  more  than  15
minutes in a stretch, and he deserves the PH because he has suffered  a  lot
of years.

In support of his appeal, applicant submits an unsigned statement  from  his
former  SQ/CC,  dated  28  July  2005,  a  memorandum  from  AFPC/DPPD/CRSC,
approving a total Combat-Related Special Compensation (CRSC) of  50%,  dated
17 August 2005, and a memorandum from  the  VA  awarding  a  50%  disability
rating for back condition, dated 22 November 1989.

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

________________________________________________________________

STATEMENT OF FACTS:

The  National  Personnel  Records  Center  (NPRC)  is  unable  to  locate
applicant’s  Master  Personnel   Records.    Therefore,   the   following
information  has  been  extracted  from  the  documentation  provided  by
applicant and his Department of Veterans Affairs (DVA) records.

Applicant served on active duty from 28 February 1961 to 4 November 1968,
and 27 April 1971 to 28 February 1985.  He retired in the grade of master
sergeant (E-7) on 1 March 1985.

The DVA awarded  applicant  a  50%  Combat-Related  Special  Compensation
(CRSC) for Combat-Related Intervertebral Disc Syndrome and Post-Traumatic
Stress Disorder, effective 1 December 2005; however, Total  Purple  Heart
Disability rating was 0%.  The DVA also  awarded  him  a  50%  disability
rating for back condition

In accordance with AFM 900-3, during the period in question, the  PH  was
awarded for wounds received in action against an enemy, or as a result of
an act of any enemy, opposing 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  force
action.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial, and states, in part, that to be awarded the
PH, documentation must exist to support that a member was  wounded  as  a
direct result of enemy action.  Indirect injuries such as seeking shelter
from mortar or rocket attacks do not  meet  PH  criteria.   In  addition,
documentation must exist showing that the injury was treated  by  medical
personnel.

Although applicant has provided an unsigned document from his  former  SQ/CC
stating that he came to his aid after he was shot  in  the  chest  by  enemy
forces in Can Tho, RVN, and that applicant said he felt something  “pop”  in
his lower back, the statement is 30 plus years after the fact and  there  is
no other collaborating documentation to justify award of the PH.

Additionally, a thorough review of applicant’s medical  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.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation  was  forwarded  to  the  applicant  on  5
January 2007, for review and comment, within 30 days.  However, 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 to his  back  while  assisting  a  wounded  comrade  during  an
incident in Vietnam.  After a thorough review of his submission  and  the
supporting  documentation  he  provided,  we  could   find   no   medical
documentation of treatment in a field hospital, or any documentation that
the injury was a direct result of enemy action.  We also took notice that
the VA has awarded him a CRSC rating for Intervertebral Disc Syndrome and
a disability rating for a back condition; however, the VA operates  under
a totally separate system with a  different  statutory  basis.  While  we
appreciate and honor the  applicant’s  service  to  his  country,  absent
documentation to verify his injury was a direct result of  enemy  action,
we find no  basis  to  recommend  granting  the  relief  sought  in  this
application.

4.  The applicant's case is adequately documented and it has not been  shown
that a personal appearance with or without counsel will  materially  add  to
our understanding of the issue(s) involved.  Therefore, the  request  for  a
hearing is not 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-2006-03028
in Executive Session on 8 March 2007, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Teri G. Spoutz, Member
                       Mr. Renee M. Collier, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 26 Sep 06, w/atchs.
    Exhibit B.  Applicant's DVA Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Dec 06.
    Exhibit D.  Letter, SAF/MRBR, dated 5 Jan 07.




                                   THOMAS S. MARKIEWICZ
                                   Chair