RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02625
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Air Force
Commendation Medal (AFCM), Purple Heart (PH), Air Force Outstanding
Unit Award (AFOUA), Air Force Good Conduct Medal (AFGCM), Republic of
Vietnam Campaign Medal (RVNCM) and Vietnam Service awards.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured in Vietnam and these awards and decorations are not
listed on his Report of Separation.
In support of his appeal, applicant submitted a copy of a memorandum
from the Veterans Memorial Museum.
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 14 Jun 65 through 4 Apr 69.
He served at Phu Cat Air Base, Vietnam from April 1968 through April
1969.
On 25 Oct 07, AFPC/DPSIDR notified the applicant that his entitlement
for the AFCM, AFGCM, RVNCM and Vietnam awards had been verified. He
was further informed that his entitlement to the AFOUA with Valor
(AFOUA w/V), the Vietnam Service Medal with one Bronze Service Star
(VSM w/1BSS) and the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/P) had been verified and his records would be updated to
reflect these awards. Therefore the only remaining issue before the
Board is award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends the requested relief be denied. DPSIDR
states to be awarded the PH the individual must provide a detailed
personal account, certified eyewitness statements, and medical
documentation, showing the wounds received treatment by medical
personnel and were a direct result of enemy action. After reviewing
the applicant’s military personnel records DPSIDR was unable to locate
evidence of award or entitlement to the PH.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 9
Nov 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 documentation
provided by the applicant and his military records do not substantiate
he had an injury that met the criteria for award of the PH. As
stated, the applicant’s records will be administratively corrected to
reflect award of the AFCM, the AFGCM, the RVNCM, the AFOUA w/V, the
VSM w/1BSS and the RVNGC w/P. Therefore, in the absence of evidence
to the contrary, we find no compelling basis to recommend granting the
additional 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 6 Feb 08, under the provisions of AFI 36-2603:
Mr. Thomas S. Markiewicz, Panel Chair
Ms. Mary Jane Mitchell, Member
Ms. Mary C. Puckett, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2007-02625 was considered:
Exhibit A. DD Form 149, dated 13 Aug 07, w/atchs.
Exhibit B. Applicant’s Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 26 Oct 07.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 07.
THOMAS S. MARKIEWICZ
Chair
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