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AF | BCMR | CY2008 | BC-2007-02398
Original file (BC-2007-02398.DOC) Auto-classification: Approved




                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-02398
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded on either 8 Aug 69  or  9  Aug  69  at  Cam  Rahn  Bay,
Vietnam.  He was there on temporary duty (TDY).  His  medical  records
do not reflect any treatment for his injury.  He does not remember  if
he was treated at an Army or Air Force hospital.

In support of his appeal, the applicant provided copies of his  Airman
Performance Report (APR) closing 7  Feb  70  and  a  PACAF  Form  100,
Hostile Fire Pay Certification.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 13 Jul 56 for a period of four  (4)  years
in the grade of airman basic.

By Special Order AC-025443, dated 3  Sep  76,  he  was  relieved  from
active duty and retired, effective 1 Jan 77, in the  grade  of  master
sergeant (MSgt).  He was credited with 20 years and 14 days of  active
service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial noting that to  be  awarded  the  PH,  a
member must provide documentation to  support  he  was  wounded  as  a
direct result of enemy action and must have received medical treatment
by medical personnel.  Indirect injuries  do  not  meet  Purple  Heart
criteria. 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.

AFPC/DPSIDR indicated the applicant's APR closing 7 Feb 70 contained a
statement that he was wounded and spent only three (3)  hours  at  the
hospital; no dates were included in  the  report.   Also,  no  medical
documentation was found in his medical records indicating treatment in
a field hospital for injuries sustained as a direct  result  of  enemy
action.  The applicant did not provide a personalized or an eyewitness
statement stating how he incurred the injury or where he was injured.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 5 Oct
07 for review and response within  30  days.   As  of  this  date,  no
response has been received by this office (Exhibit D).

_________________________________________________________________

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.  Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.  A review of the  available  evidence
reveals that while serving as a flight line controller  at  a  Forward
Operating Location (FOL) in Vietnam, the applicant sustained an injury
that required treatment  at  a  hospital.   There  is  not  sufficient
evidence that his wounds were  the  direct  result  of  enemy  action.
However, in view of the above, and the documentation provided  by  the
applicant indicating he was certified to receive hostile fire pay,  we
believe any doubt regarding his entitlement to the Purple Heart should
be resolved in his favor.  Therefore,  we  recommend  the  applicant’s
records be corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that on 8 Aug 69,  he  was
awarded the Purple Heart for injuries he received in action against an
enemy of the United States in Cam Rahn Bay, Vietnam.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-
2007-02398 in Executive Session on 6 Nov 07, under the  provisions  of
AFI 36-2603:

      Mr. James W. Russell III, Panel Chair
      Mr. Joseph D. Yount, Member
      Ms. Patricia R. Collins, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 Jul 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 10 Sep 07.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.




                                   JAMES W. RUSSELL III
                                   Panel Chair



AFBCMR BC-2007-02398




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:

      The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 8 August 1969, he was
awarded the Purple Heart for injuries he received in action against an
enemy of the United States in Cam Rahn Bay, Vietnam.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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