RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-01965
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

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APPLICANT CONTENDS THAT:

During a rocket attack while he was serving on his second tour in Vietnam, he dived into a bunker landing on and injuring his left hand.  He was sent to a USAF hospital where his hand was operated on.  

His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 Dec 69, applicant retired from the Air Force in the grade of technical sergeant. He served 22 years, 2 months, and 20 days on active duty.  He served his second tour in Vietnam during the period of 17 Dec 67 through 2 Dec 68.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states that his retirement physical of 18 Jun 69, states that he had an operation on his left hand on 22 Jun 68 for a growth, not an injury.  He did not respond to a request for documentation to substantiate his claim or withdraw his application.  The PH is awarded for wounds received as a direct result of enemy actions.  It is necessary that the wound required and received treatment by medical personnel.  He has not provided any documentation or information to substantiate his claim for award of the PH.  The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant responded and stated that the only documents he has is his word and medical reports.  He reiterates the circumstances surrounding the incident to which he contends he was injured and states that he did have a small growth in the center of his left hand but it never caused him any problems.  Diving into the bunker was a direct result of enemy action and if they had not been attacked, he would not have had to dive into the bunker and would not have had his hand operated on.  

In further support of his request, applicant provided a copy of his DD Form 214, Armed Forces of the United States Report of Transfer of Discharge.  His complete submission, with attachment, is at Exhibit E.

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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 probable error or injustice.  After a thorough review of the applicant's submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart.  We took notice of his 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 their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There was no evidence presented, other than his own assertions, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  Therefore, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to favorably consideration of his application
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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.

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The following members of the Board considered Docket Number 02-01965 in Executive Session on 12 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Jun 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Dec 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jan 03.
    Exhibit E.  Letter, Applicant, not dated.

                                   Panel Chair