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AF | BCMR | CY2007 | BC-2007-00891
Original file (BC-2007-00891.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-00891
                       INDEX CODE:  107.00
                       COUNSEL:  NONE

                       HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  23 SEP 08

_________________________________________________________________

APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect award of the Purple Heart (PH)
medal.

2.  Various errors on his DD Form 214 be corrected.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 3 Feb 68, while he was working on an aircraft,  a  rocket  exploded
close to him and he received a small piece of  shrapnel  in  his  left
hand.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force  on  2 Jul  62  for  a
period of four years as an airman basic (AB).  He was discharged on  1
Jul 66 under the provision of  AFR  39-10  with  an  (under  honorable
conditions) general discharge.  He served four years on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states
to be awarded the PH the individual must submit  documentation,  i.e.,
detailed account, eyewitness  statement,  and  medical  documentation,
showing the wounds received were a direct result of enemy action.

After reviewing the applicant’s military personnel records  DPPPR  was
unable to verify his entitlement to the PH and was unable to locate  a
special order or citation awarding him the PH.

DPPPR  further  states  the  applicant  was  forwarded  a   one   time
replacement set of medals earned during his military career and  a  DD
Form 215 was issued updating all the applicant’s decorations.

AFPC/DPPPR 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 13 Jul 07, 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 office of primary responsibility and adopt its rationale as  the
basis for our conclusion that the applicant has failed to sustain  his
burden of proof that he should be awarded  the  PH.   The  applicant’s
records have been administratively corrected to reflect award  of  the
Presidential Unit Citation and the Republic of Vietnam Gallantry Cross
with Palm.  With respect to  the  applicant’s  contentions  concerning
administrative errors on his DD Form 214, the issue regarding his date
of discharge from military service was  considered  and  denied  by  a
previous Board on  19  Jul  01  and  he  has  provided  no  additional
warranting reconsideration of that request.  He has also  provided  no
additional evidence substantiating his remaining concerns.  Therefore,
in the absence of evidence to the  contrary,  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 2 Oct 07, under the provisions of AFI 36-2603:

                       Ms. Cathlynn B. Novel, Panel Chair
                       Ms. Jan Mulligan, Member
                       Mr. Mark J. Novitski, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2007-00891 was considered:

      Exhibit A. DD Form 149, dated 27 Feb 07, w/atchs.
      Exhibit B. Master Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPPPR, 25 Jun 07.
      Exhibit D. Letter, SAF/MRBR, dated 13 Jul 07.




                             CATHLYNN B. NOVEL
                             Panel Chair

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