RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2006-00937
                                             INDEX CODE:  107.00
      XXXXXXXXXXXXXXXXXX                COUNSEL:  NONE

                                             HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect entitlement to the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

While serving in Vietnam from February 1968 to August 1970, he  was  wounded
and admitted to the hospital for three  days.   He  does  not  know  if  any
records of this were kept on  file,  but  a  lot  of  service  members  were
wounded at the time and he doubts that  anyone  was  worried  about  keeping
records.  When he left Vietnam in 1970, he applied for the PH but  was  told
there were no records and wonders if it was because he is black.

He has been trying to secure his entitlement to this PH  for  40 years,  and
all he has been told is  that  the  Veterans  Administration  (VA)  has  his
records but does not have time to provide them to the Board  and  they  will
get to it when they can.  The amount of time this process has taken  is  way
too long, and he sometimes wonders if it is because he is black.

He served the Air Force for 23 years, to include 30 months in  Vietnam,  and
didn’t even receive a Commendation Medal.  He had a very  good  record,  was
always there, was never sick, and cannot get a copy of his records  sent  to
the Board because of some lazy people in the VA.

In support of his appeal, he has provided copies of a personal statement,  a
VA Rating Decision, dated 4 February 2004, showing a VA Rating Code of  7805
for Residuals, Metal Fragment  Wound,  Right  Thigh  and  Removal  of  Lytic
Lesion, Right Tibia, Service Connected, Vietnam Era,  Incurred,  another  VA
Rating Decision dated 4 February 2004 showing a VA Rating Code of  5262  for
Residuals, Fractured Tibia,  Right  Leg,  Service  Connected,  Vietnam  Era,
Incurred, a VA Form 21-4138, Statement in Support of  Claim,  and  a  letter
from  the  Department  of  Veterans  Affairs  (DVA),  dated  31  May   2006,
addressing a delay in the processing of his request.

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

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STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force (RegAF) on  11  August
1966.  He served in the security forces and  as  an  electrical  technician,
completing over 23 years of net active service before retiring in the  grade
of technical sergeant on 1 September 1989.  He completed more than 13  years
of foreign service,  and  is  entitled  to  wear,  among  other  awards  and
decorations, the Republic  of  Vietnam  Gallantry  Cross  with  Device,  the
Republic of Vietnam Campaign Medal, and the Vietnam Service Medal  with  one
Bronze Service Star.

In accordance with Air Force Manual (AFM)  900-3,  dated  20 November  1969,
the PH was awarded for wounds received while serving in  any  capacity  with
the U.S. Armed Forces in any action against an enemy of the U.S.  and  as  a
result of an act  of  any  such  enemy.   For  the  purpose  of  considering
awarding a PH, a wound was defined as an injury to  any  part  of  the  body
from an outside force  or  agent.   A  physical  lesion  was  not  required,
provided the concussion or other form of injury received was due  to  direct
enemy, opposing force, or hostile foreign force action.  A wound  for  which
the award is made must have required treatment by  a  medical  officer,  and
the records of medical treatment for wounds or injuries received  must  have
been a matter of official record.

Inasmuch as all attempts to obtain copies of  his  service  medical  records
and  DVA   records   were   unsuccessful,   the   applicant’s   appeal   was
administratively closed on 17 July 2006.  His appeal  was  re-opened  on  16
January 2008 per his request.

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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  probable  error  or  injustice.   We  are  not  unmindful  or
unappreciative of the applicant's service  to  his  Nation;  however,  after
thoroughly reviewing the evidence of record and noting his  contentions,  we
are not persuaded that his injury meets the criteria for the  PH.   In  this
respect, we note the governing regulation in effect at that time stated  the
PH would be awarded for wounds received in action against an  enemy  of  the
U.S, or as a direct result of an act of such enemy.  Although  documentation
furnished by the applicant does indicate a VA rating decision for a service-
connected injury during the Vietnam era, it does not substantiate that  this
injury was incurred in action against or as the direct result of  an  action
by an enemy of the U.S.  If the applicant  can  provide  such  evidence,  we
will reconsider his application.  Therefore, in the absence of  evidence  to
the contrary, we find no compelling basis to recommend granting  the  relief
sought in this application.

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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.

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The following members of the Board considered  Docket  Number  BC-2006-00937
in Executive Session on 13 March 2008, under the provisions of AFI 36-2603:

                       Mr. Thomas S. Markiewicz, Chair
                       Ms. Karen A. Holloman, Member
                       Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Mar 06, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFBCMR, dated 17 Jul 06, w/atchs.
    Exhibit D.  Personal Statement, Applicant, dated 16 Jan
                08, w/atchs.




                                   THOMAS S. MARKIEWICZ
                                   Chair