RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00817
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 SEPTEMBER 2008

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded  the  Purple  Heart
(PH) medal.
_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes he should receive the PH for injuries he sustained  during
a mortar attack.

In support of his request, applicant provided a Department of Veterans
Affairs (DVA) award letter.

Applicant's complete submission, with an attachment,  is  attached  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air  Force  (RegAF)  on  5 April
1968, as an airman basic (AB).

The applicant’s records reflect he served in Vietnam from 3 March 1971
through 3 March 1972.

The applicant was honorably released from active  duty  on  3 December
1971, under the provisions of AFM 39-10 in the grade of sergeant.   He
served 3 years, 7 months and 29 days of active duty service.

On 19 April 2007, HQ AFPC/DPPPR notified the  applicant  that  his  DD
Form 214 will be amended to add the Air Force Outstanding  Unit  Award
with Valor and one Oak Leaf Cluster (AFOUA w/V & 1 OLC), three  Bronze
Service Stars to his Vietnam Service Medal (VSM) and the  Republic  of
Vietnam Campaign Medal (RVNCM).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of  the  PH
be denied.  DPPPR states to be awarded the PH,  a  servicemember  must
provide documentation to support he was wounded as a direct result  of
enemy action and must  have  received  medical  treatment  by  medical
personnel.

DPPPR further states indirect injuries do not meet  the  criteria  for
award of the PH.  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 medical and  military  records  did  not  reflect  any
medical documentation of treatment of injuries sustained as  a  direct
result of enemy action.  Nor did the applicant  provide  documentation
indicating he sustained injuries that meet the criteria for  award  of
the PH.

The Purple Heart Review Board (PHRB) has the authority, on  behalf  of
the Secretary of the Air Force (SAF), to determine  a  servicemember’s
entitlement to the PH.   The  servicemember  must  submit  a  detailed
account  of  the  circumstances  surrounding  the  injury  to  include
specifics as to how they were injured, exact date of injury,  unit  of
assignment, and rank  held  a  the  time  of  injury.   Also,  medical
documentation must  be  provided  to  substantiate  the  servicemember
received  medical  treatment.   If  medical   documentation   is   not
available, a statement from a military or civilian medical officer can
be submitted.  The statement must attest that an examination  revealed
that an injury of the type incurred  would  or  should  have  received
medical treatment.  In regard to service-related conditions  noted  by
the VA – the injury must have been in direct result of the  enemy  and
meet the PH criteria.  However, not all service  connected  conditions
were caused by the enemy.

Lastly, if possible, an eyewitness  account  from  an  individual  who
witnessed  the  servicemember  being  injured  and   attest   to   the
circumstances surrounding the servicemember’s personal account.

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
and counsel on 18 May 2007, for review and response  within  30  days.
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.   As
previously stated the applicant records will be corrected  to  reflect
award of the KDSM.  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.   The  applicant  did  not  provide  any
evidence to substantiate the injuries he sustained during  the  mortar
attack were incurred as a result of enemy action.  While  we  are  not
unmindful or unappreciative of the applicant’s service to his  Nation,
in the absence of evidence substantiating the applicant 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 8 August 2007, under the provisions of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Mr. Grover L. Dunn, Member
                       Mr. Clarence R. Anderegg, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00817 was considered:

      Exhibit A. DD Form 149, dated 18 Dec 06, w/atch.
      Exhibit B. Available Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 20 Apr 07.
      Exhibit D. Letter, SAF/MRBR, dated 18 May 07.




                             JAMES W. RUSSELL III
                             Panel Chair