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AF | BCMR | CY2009 | BC-2008-01650
Original file (BC-2008-01650.DOC) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-01650
            INDEX CODE:  107.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214 be corrected to reflect the Purple  Heart  and  Republic  of
Vietnam Gallantry Cross with Palm (RVNGC/wP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded (left shoulder) by SFWs when he left Vietnam  while  assigned
to the 632 SPS, Binh Thuy AB, RVN, in March 1968 just prior  to  his  return
to CONUS.  He assumed the Purple Heart was listed on his DD Form 214.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted into the Regular Air Force on 24 August 1964 for  the
period of four years.  He was honorably discharged on 23 August 1968 in  the
rank of Senior Airman.

IAW DoD 1348.33-M (Manual of Military Decorations and Awards)  and  AFI  36-
2803 (The Air Force Awards and Decorations Program),  the  Purple  Heart  is
awarded for wounds received as  a  direct  result  of  enemy  actions  (e.g.
gunshot or shrapnel wounds,  hand-to-hand  combat  wounds,  forced  aircraft
bail-out injuries etc.).   It  is  necessary  that  the  wound  required  or
received treatment by medical personnel.

DD Form 215 (Correction to DD Form 214, Certificate of Release or  Discharge
from Active Duty) has been accomplished  to  add  the  RVNGC/wP  and  is  at
Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR  recommends  denial.   DPSIDR  states  the  applicant’s  medical
records do not reflect he  was  injured  due  to  direct  enemy  action.   A
medical document does confirm  applicant  being  wounded  due  to  shrapnel;
however, he did  not  provide  a  personal  detailed  account  or  certified
eyewitness statements that  verify  he  was  injured  due  to  direct  enemy
action.

DPSIDR’s complete submission, with attachments, is at Exhibit C.

_________________________________________________________________


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  the  applicant  on  27
June 2008 for review and comment within 30 days.   As  of  this  date,  this
office has received no response.

_________________________________________________________________

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.  In this respect, persuasive  evidence  has
not been presented that would corroborate his  contention  the  injuries  he
received were the direct result of enemy action as  required  for  award  of
the Purple Heart.  Absent such evidence,  we  agree  with  the  opinion  and
recommendation of the Air Force office of primary responsibility  and  adopt
its 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
other persuasive 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 AFBCMR Docket Number  BC-2008-
01650 in Executive Session on 6 August 2008, under the provisions of AFI 36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Mr. Kurt R. LaFrance, Member
      Ms. Josephine L. Davis, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 6 March 2008.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, dated 18 June 2008, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 27 June 2008.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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