RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00738
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXX                 COUNSEL:  NONE

                                             HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  5 September 2008


________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for  a  Vietnam  combat  mission  on  14
April 1966, during which he was injured after ejection from an aircraft.

________________________________________________________________

APPLICANT CONTENDS THAT:

They were submitted for, and  he  received,  a  Distinguished  Flying  Cross
(DFC).  However, they were involved in  a  mid-air  collision  in  which  he
sustained injuries to his head and back, and he was not submitted for a PH.

He has recently talked to other veterans who said he should apply for a PH.

In support of his appeal, he has submitted copies of a  personal  statement,
dated 2 March 2007, extracts from his  medical  records,  and  his  DD  Form
214s.

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

________________________________________________________________

STATEMENT OF FACTS:

Applicant entered the active Air Force on 6 February  1961,  and  served  16
years, 4 months, and 24 days as an air operations  officer,  navigator,  and
navigator-bombardier, before being honorably  discharged  in  the  grade  of
captain on 29 June 1977.  He re-entered the Air Force as an enlisted  member
on 30 June 1977,  and  served  as  a  linguist/interrogator  technician  for
3 years, 7 months, and 28 days before  retiring  in  the  grade  of  captain
effective 1 March 1981.  He is entitled to  wear  the  Distinguished  Flying
Cross with one Oak Leaf Cluster, Air Medal
with twelve Oak Leaf Clusters,  Air  Force  Commendation  Medal,  Air  Force
Presidential Unit Citation, Air Force Outstanding  Unit  Award,  Small  Arms
Expert Marksmanship Ribbon,  Armed  Forces  Expeditionary  Medal  (Vietnam),
Good Conduct Medal, Air Force Longevity Service Ribbon with  four  Oak  Leaf
Clusters, National Defense Service Medal, Vietnam Service Medal  with  three
Service Stars, Air Force Good Conduct Medal, and  the  Republic  of  Vietnam
Campaign Medal.  Although applicant’s contentions seem to  indicate  he  was
awarded the DFC for the mission during which he  was  injured  on  14  April
1966, his records indicate he was actually awarded the  DFC  for  a  mission
flown on 14 March 1966.

Extract from medical records furnished by applicant contains, in  part,  the
following entry, dated 14 April 1966, 10:00PM: “Patient  ejected  from  B-57
today following an aircraft accident and  previously,  a  successful  combat
strike.  Landed in H2O – was there approx 20 min – rescued by  chopper…semi-
coherent, complaining of multiple pains…”.

To be awarded a PH, a member  must  provide  a  detailed  personal  account,
eyewitness statements,  and  medical  documentation  to  show  the  wound(s)
received treatment by medical personnel and occurred as a direct  result  of
enemy action.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  His  request  was  submitted  to  the  Purple
Heart Review Board (PHRB) for consideration and, on 22 March 2007, the  PHRB
disapproved the request for award of the PH.  Although applicant  was  on  a
combat mission when injured, a mid-air collision was considered an  aircraft
accident and not a direct result of enemy action.

The AFPC/DPPPR evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the evaluation was  forwarded  to  the  applicant  on  13
April 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
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.   While  we
appreciate and honor the applicant’s service to  his  country,  we  find  no
basis to recommend granting the relief sought  in  this  application  absent
documentation to verify his injury was a direct result of enemy action.   If
the applicant can provide documentation that the mid-air collision in  which
he was injured was a direct result of enemy action, we will  reconsider  his
application.  However, in the absence of evidence to the contrary,  we  find
no compelling  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-2007-00738
in Executive Session on 13 June 2007, under the provisions of AFI 36-2603:

                       Mr. Michael V. Barbino, Panel Chair
                       Ms. Renee M. Collier, Member
                       Ms. Barbara R. Murray, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 5 Mar 07, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 23 Mar 07.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Apr 07.




                                   MICHAEL V. BARBINO
                                   Panel Chair