RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00749
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 SEPTEMBER 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should receive the PH for the injuries he sustained during
Operation COMBAT FOX in Vietnam in 1968.
No supporting documentation was provided.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 July 1966, the applicant enlisted in the Regular Air Force
(RegAF) as an airman basic (AB) for a period of four years.
The applicant’s medical records reflect that in October 1967 he fell
injuring his right wrist and in September 1969 he fell off an aircraft
and received lacerations to his right eyelid and injured his left
foot.
The records reflect he was assigned at Kadena Air Base (AB), Okinawa,
Japan from 28 July 1966 through 27 July 1968 and was stationed at Cam
Ranh Bay AB, Vietnam from 28 July 1968 through 9 July 1969. His
records further reflect he participated in the Vietnam Air Offensive,
Phase III from 28 July 1968 through 31 October 1968.
The applicant was honorably released from active duty on 27 July 1970.
On 16 April 2007, HQ AFPC/DPPPR notified the applicant that his
entitlement to the Air Force Outstanding Unit Award with one Oak Leaf
Cluster (AFOUA w/ 1 OLC), AFOUA with Valor (V) and 1 OLC, Republic of
Vietnam Campaign Medal (RVNCM) and the Republic of Vietnam Gallantry
Cross with Palm (RVNGC w/P).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the PH
be denied. They state the PH is awarded for wounds received as a
direct result of enemy action and the servicemember must provide
documentation showing a detailed account of the incident, eyewitness
statements and medical documentation.
AFPC/DPPPR further states there was no official documentation in the
applicant’s records to support his request for the PH. The applicant
has not provided any documentation to substantiate his request.
AFPC/DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
27 April 2007, for review and response. 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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
documentation provided by the applicant and his military records do
not substantiate he had an injury that met the criteria for award of
the PH. While we are not unmindful or unappreciative of the
applicant’s service
to his Nation, in the absence of evidence substantiating the
servicemember was injured as a direct result of enemy action, 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 this application in Executive
Session on 14 June 2007, under the provisions of AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Ms. Glenda H. Scheiner, Member
Mr. Michael F. McGhee, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2007-00749 was considered:
Exhibit A. DD Form 149, dated 26 Feb 07.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, 12 Apr 07, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 27 Apr 07.
JAMES W. RUSSELL III
Panel Chair
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