RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2007-01204
                                             INDEX CODE:  100.00
      XXXXXXXXXX                        COUNSEL:  NONE

                                             HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

1.    The Article 15 imposed on 1 June 1970, be expunged from his records.

2.    He be entitled to the Purple Heart (PH).

3.    His 1968-1969 service as a dog handler in  Air  Force  Specialty  Code
(AFSC) 81150A be reflected in his records.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was intimidated by a senior  noncommissioned  officer  and  his  “Gestapo
Tactic,” and would now like to clear his name.  Although  he  has  not  seen
the Article 15 in his record, he knows he was punished.

He is entitled to the PH for a shrapnel wound to his right forearm  incurred
in Vietnam during an enemy mortar attack.  Although his  wound  was  slight,
it was treated by an Army Medic, who told him he would receive  the  PH  and
the paperwork would be forthcoming.  However, the documentation  never  made
it into his records.

He received On-the-Job-Training (OJT) as a  dog  handler,  AFSC  81550A,  in
Vietnam.

In support of his appeal, applicant submits his personal statement,  a  copy
of his DD Form 214, Certificate of  Release  or  Discharge  from  the  Armed
Forces, extracts from his military and Department of Veterans Affairs  (DVA)
records, and a copy a death certificate pertaining  to  the  1970  stillborn
death of his daughter.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 April 1967,  for  a  period
of four years. He was progressively promoted to the grade  of  airman  first
class (E-3). During the period from 8 July 1968 to  23  July  1969;  he  was
assigned to the 633rd  Combat  Support  Group,  Pleiku  AB,  Vietnam,  as  a
Security Policeman and an Apprentice Air Operations  Specialist.   A  Letter
of Evaluation (LOE) covering the period  from  16  October  1968  through  4
January 1969, states, “He was only  recently  assigned  to  the  Sentry  Dog
Section and had not had any formal dog handler’s  training.   He  maintained
his dog and walked his post as directed but showed little initiative.”

On 30 January  1970,  his  daughter  was  stillborn  at  the  USAF  Regional
Hospital, Eglin AFB, Florida.

On  20  May  1970,  the  applicant’s  supervisor  recommended   he   receive
nonjudicial punishment under Article 15 of  the  Uniform  Code  of  Military
Justice (UCMJ) for violating Article 86.  Specifically, on or about, 18  May
1970, without authority, he failed to go  at  the  time  prescribed  to  his
appointed place of duty.  He did not demand trial by court-martial, nor  did
he submit matters to the commander for consideration.  On 1 June  1970,  the
commander imposed nonjudicial punishment consisting of two  hours  of  extra
duty for a period of 14 days, i.e., 1 Jun 70  -  14  Jun  70.   He  did  not
appeal the punishment.

He underwent a separation  physical  on  15  October  1970,  and  was  found
qualified for general military service (separation).  The Report of  Medical
Examination completed in conjunction with the physical indicated that  while
in Vietnam, he was treated for four episodes  of  Gonorrhea  and  a  urinary
tract infection.  However, there is no  reference  to  an  injury  sustained
during a mortar attack.

On 26 October 1970, he was released from active duty and transferred to  the
Air Force Reserve (AFRes).  He was honorably discharge from the AFRes on  15
January 1973

Applicant’s records have been  administratively  corrected  to  reflect  his
entitlement to the Air Force  Outstanding  Unit  Award,  with  Valor  device
(AFOUA, w/V), Air Force Good Conduct  Medal  (AFGCM),  Republic  of  Vietnam
Gallantry Cross, with Palm (RVNGC, w/P), and 1 year and 8 months of  service
in AFSC 27130, Apprentice Air  Operations  Specialist  and  1  year  and  10
months of service in AFSC 81150, Security Policeman.

In accordance with AFM 900-3, during the  period  in  question,  the  Purple
Heart (PH) was awarded for wounds received in action against  an  enemy,  or
as a direct result of an act of any enemy, opposing armed force, or  hostile
foreign force.  For the purpose of considering award of the 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  armed
force, or hostile foreign force action.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends the application be denied  as  untimely.   Should  the
Board waive the applicant’s failure to timely file, relief should be  denied
on   its   merit.    There   is   no   indication   the   commander    acted
arbitrary/capriciously or the applicant  was  denied  any  rights  to  which
entitled.  Congress (and the Secretary via AFI 51-202) has  designated  only
two officials with the responsibility for  determining  the  appropriateness
of an otherwise lawful punishment: the commander and the  appeal  authority.
So long as they are lawfully acting within  the  scope  of  their  authority
granted them by law, their judgment should not be disturbed  because  others
might disagree.  Commanders on the scene have  first-hand  access  to  facts
and a unique appreciation for the needs of morale and  discipline  in  their
commander that even the best-intentioned higher headquarters cannot match.

The AFLOS/JAJM evaluation is at Exhibit C.

AFPC/DPSIDC does not support changing the applicant’s  records  to  indicate
he was awarded an “A” suffix to AFSC 81150, denoting sentry  dog  qualified.
Although the applicant served in AFSC 81150  from  April  1967  to  February
1969, at which time it was withdrawn, he was awarded AFSC  27010,  Aerospace
Operations Control Helper.  In March 1970, this AFSC was  withdrawn  and  he
was subsequently awarded AFSC 27130, Apprentice Air Operations  Specialists,
which he served in until his 26 October  1970  separation.   Therefore,  his
records have been administratively corrected to reflect 1 year and 8  months
of service in AFSC 27130, Apprentice Air Operations Specialist  and  1  year
and 10 months of service in AFSC 81150, Security Policeman.

The AFPC/DPSIDC evaluation is at Exhibit D.

AFPC/DPSIDR recommends denial of the request for the PH.  To be awarded  the
PH, a member must provide documentation to support he or she was wounded  as
a direct result of enemy action and the wounds must  have  received  medical
treatment by medical personnel.  They were unable to  locate  documentation,
i.e., special order, in his medical and military records  to  indicate  that
he was awarded the  PH.   There  are  no  entries  in  his  medical  records
indicating treatment of injuries as a result of enemy action.

The AFPC/DPSIDR evaluation is at Exhibit E.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In December 1968, he was returning from the NCO Club at “Mike Forces”  Camp,
Fifth Special Forces, Pleiku AB, when he was hit in the  right  arm  between
his elbow and wrist, by a ½ inch piece of shrapnel  which  imbedded.   After
the attack, his wound received medical attention  by  an  Army  Medic.   His
wound was caused by enemy fire and not while he  was  seeking  shelter.   He
did not seek shelter until after he was hit.

Applicant’s complete response, with attachments, is at Exhibit G.

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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 error or injustice.  We note the applicant’s records have  been
administratively corrected to reflect his entitlement  to  the  AFOUA,  with
Valor device, the RVNGC, w/Palm, and the AFGCM; and,  his  completion  of  1
year and 8 months of  service  in  AFSC  27130,  Apprentice  Air  Operations
Specialist and 1 year and 10 months  of  service  in  AFSC  81150,  Security
Policeman.  We  took  notice  of  the  applicant’s  complete  submission  in
judging the merits of the remainder of his requests; however, we agree  with
the opinions and  recommendations  of  the  Air  Force  offices  of  primary
responsibility and adopt their rationale as the  basis  for  our  conclusion
that the applicant has not  been  the  victim  of  an  error  or  injustice.
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 considered  Docket  Number  BC-2007-01204
in Executive Session on 21 February 2008, under the provisions  of  AFI  36-
2603:

                       Mr. Wayne R. Gracie, Panel Chair
                       Mrs. Lea Gallogly, Member
                       Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 9 Apr 07, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Memorandum, AFLOA/JAJM, dated 20 Jul 07.
      Exhibit D.  Memorandum, AFPC/DPSIDC, dated 23 Aug 07.
      Exhibit E.  Memorandum, AFPC/DPSIDR, dated 11 Sep 07.
      Exhibit F.  Letter, SAF/MRBR, dated 16 Nov 07.
      Exhibit G.  Letter, Applicant, dated 19 Dec 07, w/atchs.




                                   WAYNE R. GRACIE
                                   Panel Chair