RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-00022
INDEX CODE: 107.00
XXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He sustained a foot injury as a direct result of a rocket attack
at Bien Hoa Airfield, Vietnam on 2 February 1968.
In support of his appeal, the applicant submits a copy of his DD
Form 214, Armed Forces of the United States Report of Transfer or
Discharge, and photographs.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who
served as an Administration Specialist and was progressively
promoted to the grade of staff sergeant (E-5) with a date of rank
of 1 March 1970. According to his Air Force Form 7, Airman
Military Record, he served in Vietnam from 28 September 1967 to
24 September 1968.
He was honorably released from active duty effective 15 April
1970 and transferred to the Air Force Reserve. He served
3 years, 9 months, and 19 days on active duty.
The remaining relevant facts, extracted from the applicants
military service records, are contained in the evaluation from
the Air Force office of primary responsibility at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states that after a
thorough review of the applicants record, no medical
documentation was located or provided that verifies him being
treated for injuries received on 2 February 1968. In addition,
no eyewitness statements were provided to verify he was injured
due to direct enemy action.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 11 June 2010 for review and response within 30 days (Exhibit
D). 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. We took notice
of the applicant's complete submission in judging the merits of
the case; however, 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 evidence to the contrary, we find no 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 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-2010-00022 in Executive Session on 15 September 2010,
under the provisions of AFI 36-2603:
XXXXXXXXXXXXXXXXX, Panel Chair
XXXXXXXXXXXXXXXXX, Member
XXXXXXXXXXXXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2010-00022 was considered:
Exhibit A. DD Form 149, dated 29 Dec 09, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 20 May 10.
Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10.
XXXXXXXXXXXXXXXXX
Panel Chair
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