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AF | BCMR | CY2007 | BC-2007-00069
Original file (BC-2007-00069.doc) Auto-classification: Denied

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



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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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