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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