RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-03464
		
	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should be awarded the PH for wounds he received on 1 September 1970, when he was injured when an aircraft exploded at Da Nang Air Field, Republic of Vietnam (RVN).

The applicant states that as a result of his injuries, he was hospitalized at Cam Rahn Bay and while there was awarded the PH.

In support of the appeal, the applicant submits extracts from his service medical and personnel records.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 July 1969 for a period of four years.

The applicant was assigned to the 366th Civil Engineering Squadron, Da Nang Air Field, RVN, as a Fire Protection Specialist on 27 July 1970.

While responding to an aircraft crash on 1 September 1970, the applicant was thrown from the back of a fire truck when a 150 pound bomb exploded.  He was diagnosed with a cracked vertebra at Da Nang RVN Hospital and was diagnosed with whiplash at Cam Rahn Bay Hospital.

The applicant was placed in a patient status at Wright Patterson AFB, Ohio, from 11 October to 4 December 1970.  He was diagnosed with spondylolysis (L5-S1), without spondylolisthesis, Existed Prior to Service (EPTS), aggravated by injury with low back pain.

The applicant was honorably discharged on 29 July 1973.  He completed four years of active service.

The applicant’s claim for a service-connected disability was denied by the Veterans Administration (VA) on 15 September 1975, on the basis that spondylolysis is a constitutional or developmental abnormality and not a disability under VA law.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence to support that the applicant was injured as a direct result of enemy action.

On 15 February 2002, AFPC/DPPPR notified the applicant of the criteria for award of the PH, requested he provide additional information, and he did not respond.

The AFPC/DPPPR evaluation, 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 19 April 2002 for review and comment 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 error or injustice to warrant awarding the Purple Heart (PH).  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  In this respect, we note that the PH is awarded for wounds received as a direct result of enemy action that required or received treatment by medical personnel. The personal sacrifice the applicant endured for his country is noted and our decision should in no way diminish the high regard we have for his service; however, insufficient documentary evidence has been presented to demonstrate that the wounds he received on 1 September 1970 were the direct result of enemy action.  Therefore, in the absence of 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 Docket Number 01-03464 in Executive Session on 30 May 2002, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Nov 01, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 4 Apr 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Apr 02.