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AF | BCMR | CY2008 | BC-2007-03458
Original file (BC-2007-03458.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-03458
                       INDEX CODE:  107.00
                       COUNSEL:  NONE
                       HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect award of  the  Purple  Heart  (PH)
Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His back was injured during a bomb dump explosion in Vietnam.

In support of his appeal, applicant submitted documents extracted from
his military personnel records and correspondence associated with  his
request for congressional inquiry into this matter.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty from 2 Apr 58
through 28 Feb 79.  He was honorably retired on 1 Mar 79.

AFPC/DPSIDR notified the applicant that his records will be updated to
reflect the award of the Air Force Outstanding Unit Award  with  Valor
and two Oak Leaf Clusters, the Vietnam Service Medal with four  Bronze
Service Stars, the Air Force Good Conduct Medal with  one  Silver  Oak
Leaf Cluster, the Air Force Longevity Service Award with four Oak Leaf
Clusters, the NCO  Professional  Military  Education  Ribbon  and  the
Republic of Vietnam Gallantry Cross with Palm.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends the  requested  relief  be  denied.   DPSIDR
states no documentation was located to verify  he  was  wounded  as  a
direct result of enemy action.  The Veterans  Administration  reported
after an exam that he gave a history of having incurred  a  laceration
of the back secondary to a bomb blast in October  1968.   His  service
records showed that he was stationed in Bien  Hoa  Air  Base  Vietnam.
His records in Vietnam do not disclose  any  complaint  of,  treatment
for, or a diagnosis of a back or left shoulder condition.

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 1
Feb 08, 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 he has failed to sustain his  burden  of
proof that he should be awarded the PH.   The  documentation  provided
and his military records do not substantiate  he  incurred  an  injury
that meets the criteria for  award  of  the  PH.   Therefore,  in  the
absence of evidence to the contrary, we find no  compelling  basis  to
recommend granting the additional relief sought in this application.

4.    The applicant's case is adequately documented and  it  has  not
been shown that a personal appearance with or  without  counsel  will
materially  add  to  our  understanding  of  the  issue(s)  involved.
Therefore, the request for a hearing is not favorably considered.

_________________________________________________________________

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 8 Apr 08, under the provisions of AFI 36-2603:

                       Ms. Rita S. Looney, Panel Chair
                       Ms. Karen A. Holloman, Member
                       Mr. Garry G. Sauner, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 1 Oct 07, w/atchs.
      Exhibit B. Applicant’s Master Military Personnel Records.
      Exhibit C. Letter, HQ AFPC/DPSIDR, dated 14 Dec 07.
      Exhibit D. Letter, SAF/MRBR, dated 1 Feb 08.




                             RITA S. LOONEY
                             Panel Chair

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