RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02802
		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:

In February 1964, while flying a T-28 in Vietnam on a combat mission, he was shot down.  His aircraft crashed and caught fire burning parts of his body with second-degree burns.

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

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STATEMENT OF FACTS:

Applicant served on active duty during the period 6 Dec 55 through 31 Mar 70.  He served a tour in Vietnam during the period 20 Dec 63 through 2 Jan 65.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states that applicant's medical records show that on 14 Jan 64 he was treated for a first-degree burn on his right forearm as a result of an aircraft accident.  The PH review board did not review this case because no documentation has been provided to show he incurred an injury or wound as a direct result of enemy action.  The applicant did not respond to a request to provide the necessary information or documentation (specific date, details regarding how the injury occurred).  There is no indication he is eligible for the PH.  The DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 27 Nov 02 for review and comment within 30 days.  As of this date, this office has received no response.

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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 that would indicate he should be awarded the Purple Heart.  We took notice of the applicant's complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that his injuries were incurred as a direct result of enemy fire.  Therefore, 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.  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 02-02802 in Executive Session on 26 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Aug 02, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 20 Nov 02, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 27 Nov 02.