RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02702

	 	COUNSEL:  AMERICAN LEGION

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

During 1965 - 1966, he was at Bametout, Vietnam and bitten on the right upper thigh by hostile dogs controlled by hostile forces.

In support of the appeal, the applicant submits a statement from a civilian physician indicating that the six scars on his right calf, knee, and thigh, are possible representative of trauma sustained from remote dog bites and the physical features may correlate with his history of a dog attack sustained while on active duty, and personal statements from his spouse.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 21 February 1961, for a period of four years.  He was progressively promoted to the grade of technical sergeant (E-6).

From 6 November 1965 through 15 October 1966, he was assigned to Detachment 9, 619th Tactical Control Squadron, as an Electrical Power Production Specialist.

On 31 March 1983, he was relieved from active duty and on 1 April 1983, retired for length of service in the grade of E-6.  He completed 22 years, 1 month, and 10 days of active service.

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. 

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence in the applicant’s medical or personnel records, which proves he was injured as a direct result of enemy action.  His injuries were the result of dog bites, and do not meet the criteria of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states, in essence, that since his records are not able to be found and support his claim, his statement should be given the benefit of the doubt and he be awarded the PH.

The applicant’s complete responses, with attachments, are at Exhibits E through G.

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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 error or injustice.  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.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this 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 02-02702 in Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 16 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 7 Oct 02.
    Exhibit D.  Letter, SAF/MRBR, dated 11 Oct 02.
    Exhibit E.  Letter, Applicant, dated 11 Nov 02, w/atch.
    Exhibit F.  Letter, Applicant, dated 28 Nov 02, w/atchs.
	Exhibit G.  Letter, Applicant, dated 28 Nov 02.