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AF | BCMR | CY2007 | BC-2007-00812
Original file (BC-2007-00812.DOC) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-00812
                                       INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXX                COUNSEL: NONE

                                             HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 September 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

_______________________________________________________________

APPLICANT CONTENDS THAT:

He should receive the PH for  injuries  of  multiple  cuts,  scratches,  and
abrasions on his arms, legs and face caused when he tried to  return  inside
the perimeter fence through concertina  wire  to  take  cover  from  hostile
automatic weapon fire.

In support of his application, the  applicant  submits  an  Air  Force  Form
1059, Explosive Ordnance Disposal Report, and his citation to accompany  the
award of the Bronze Star.

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

_________________________________________________________________

STATEMENT OF FACTS:

On 11 January 1952, the applicant enlisted in the Regular Air Force  at  the
age of 19.  He was progressively promoted to  the  grade  of  senior  master
sergeant (E-8) effective and with a date of rank of 1 September 1974.

According to  the  Explosive  Ordnance  Disposal  Report,  provided  by  the
applicant,  he  received  multiple  scratches  on  26  January  1969   while
retreating through concertina wire when  he  came  under  automatic  weapons
fire while stationed at Phan Rang Air Base, Vietnam.

On 31 January 1978, the applicant was honorably discharged from active  duty
for the purpose of retirement.  He served 26 years and  20  days  on  active
duty of which 9 months were foreign Service.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for  the  PH  medal.
DPPPR states the applicant does not meet the criteria for award of  the  PH.
To be awarded the PH medal, a member must provide documentation  to  support
he was wounded as a direct result of enemy  action.   Indirect  injuries  do
not meet PH criteria.  Indirect injuries include  but  are  not  limited  to
diseases; exposure; injuries received while seeking shelter from  mortar  or
rocket attacks, aircraft bombings, grenades;  and  injuries  incurred  while
serving as an aircraft member or in a passenger status as a  result  of  the
aircraft’s evasive measures against hostile fire.  The applicant’s  injuries
occurred while seeking shelter by going through concertina wire causing  his
injuries, which are indirect  injuries.   The  Explosive  Ordnance  Disposal
Report submitted by the applicant indicates  in  item  9  that  no  injuries
received were from explosives.

DPPPR states no official documentation  was  submitted  or  located  in  the
applicant’s records to verify he was injured  due  to  enemy  action  to  be
eligible for the PH.

The DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2007, a copy of the Air Force  evaluation  was  forwarded  to  the
applicant for review and response within 30 days.  As  of  this  date,  this
office has received no response.

_________________________________________________________________

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
records, we found no evidence that the individual is eligible for the  award
of the Purple Heart Medal.  The applicant did not  provide  any  documentary
evidence to substantiate his claim that  he  was  wounded  in  action  as  a
direct result of enemy action, or that he was recommended for,  or  awarded,
the Purple Heart Medal.  The personal sacrifice the  applicant  endured  for
his country is noted and the recommendation
to deny the requested relief in no way diminishes the high  regard  we  have
for his service.  Nevertheless, in view of the above, we find  no  basis  to
favorably consider 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 considered this application in  Executive
Session on 19 July 2007, under the provisions of AFI 36-2603:

                 Mr. Michael K. Gallogly, Chair
                 Ms. Terri G. Spoutz, Member
                 Ms. Patricia R. Collins, Member

The following documentary evidence was considered in connection with  AFBCMR
Docket Number BC-2007-00812:

      Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, AFPC/DPPPR, dated 31 May 07.
      Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.




                                  MICHAEL K. GALLOGLY
                                                   Panel Chair

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