RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00069
INDEX CODE: 107.00
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 14 Jul 08
_______________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded by shrapnel on 1 Mar 68 during a 122 Rocket attack on Da
Nang AFB. He states he spent nine days on a hospital ship off the coast of
Vietnam while recovering from his wounds.
The complete submission is at Exhibit A.
_______________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect he served on active duty
from 28 Apr 66 through 27 Feb 70. His records reflect he served in Vietnam
from 8 Oct 67 through 31 Oct 68.
On 27 Feb 73, the applicant was honorably discharged in the grade of staff
sergeant (E-5). He served 3 years and 10 months of total active service.
_______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the request be denied. DPPPR states in order to be
awarded the PH, the applicant must provide documentation to support that
his wounds were a direct result of enemy action and the wounds received
medical treatment by medical personnel. DPPPR states no official
documentation was submitted or located in the applicant’s official records
to verify he was injured as a direct result of enemy action. DPPPR states
he must submit official medical documentation, a certified eyewitness
statement and a full detailed personal account of the incident that
occurred on 1 Mar 68.
The complete DPPPR evaluation is at Exhibit C.
_______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 Feb
07 for review and comment within 30 days. As of this date, this office has
received no response (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. After a thorough review of the available
evidence and the applicant’s complete submission, the Board was not
persuaded that his records should be corrected to show he was awarded the
Purple Heart (PH). The Board took notice of the applicant’s complete
submission in judging the merits of this case. However, the Board was not
persuaded by the available records that his injuries were a direct result
of enemy action. The Board is not unmindful or unappreciative of his
service to his Nation. Should he secure supporting documentation, the
Board would be willing to reconsider his application. In the absence of
persuasive evidence to the contrary, the Board finds no compelling basis to
warrant favorable consideration of his application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of a material error or injustice; that the application was
denied without a personal appearance; and the application will only be
reconsidered upon the submission of newly discovered relevant evidence no
considered with this application.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2007-
00069 in Executive Session on 28 Mar 07, under the provisions of AFI 36-
2603:
Mr. Jay H. Jordan, Panel Chair
Ms. Debra K. Walker, Member
Ms. Barbara R. Murray, Member
The following documentary evidence was considered:
The following documentary evidence pertaining to Docket Number BC-2007-
00069 was considered:
Exhibit A. DD Form 149, dated 28 Dec 06, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 13 Feb 07
Exhibit D. Letter, SAF/MRBR, dated 23 Feb 07
JAY H. JORDAN
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office of the Assistant Secretary
AFBCMR
1535 Command Drive EE Wing 3rd Floor
Andrews AFB, MD 20762-7002
XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX
Reference your application, AFBCMR Docket Number BC-2007-00069,
submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).
After careful consideration of your application and the former
member’s available military records, the Board determined that the
evidence you presented did not demonstrate the existence of probable
material error or injustice. Accordingly, the Board denied your
application.
You have the right to submit newly discovered relevant evidence
for consideration by the Board. In the absence of such additional
evidence, a further review of your application is not possible.
BY DIRECTION OF THE PANEL CHAIR
GREGORY E. JOHNSON
Chief Examiner
Air Force Board for Correction
of Military Records
Attachment:
Record of Board Proceedings
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