RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03142
		INDEX CODE:  100.00

		COUNSEL:  NONE

		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

Applicant is the sister of a former servicemember who requests that the formerservice member’s records be corrected to reflect that his death was a homicide, rather than a suicide.

By amendment, the manner of death of the former servicemember be changed from suicide to undetermined.

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APPLICANT CONTENDS THAT:

The Air Force concluded that her brother died of a self-inflicted gunshot wound to the head.  They never believed this and think that there was an effort on the part of the Air Force to cover up what really happened to her brother.  

In support of her appeal, the applicant provided an expanded statement, a death certificate, autopsy report, and witness statements.

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

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STATEMENT OF FACTS:

The former servicemember enlisted in the Regular Air Force on 19 Oct 70.

On 20 Dec 71, while assigned to Phan Rang Air Base, Republic of Vietnam, the applicant was found dead at his place of duty with a gunshot wound to the head.  

An AF Form 716, Certificate of Death, dated 20 Dec 71, indicated that the mode of death was homicide, but the circumstances surrounding the death were listed as unknown.

An Autopsy Protocol, dated 22 Dec 71, indicated that the servicemember was found dead about 2130 hours on 20 Dec 71 with an M-16 rifle in his hands.  There were no witnesses and nobody heard the shot or shots.  The final anatomic diagnosis was a gunshot wound to the head with shattering of frontal lobes, edema, and widespread petecchial hemorrhage of the brain.  He was also diagnosed with alcohol intoxication (0.155%).

A DD Form 1300, Report of Casualty, dated 10 Feb 72, indicated that the former servicemember died of a non-battle death as a result of gunshot wound to the head.

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AIR FORCE EVALUATION:

AFPC/DPW indicated that based on a thorough review of the former servicemember's personnel records, there did not appear to be any reason to change the cause of death on the DD Form 1300, Report of Casualty.  The initial casualty report reported the death as a "self-inflicted gunshot wound to the head" and the commander's final circumstances letter stated that the only conclusion that could be drawn from the investigation was that servicemember's death resulted from a self-inflicted wound.  Because of the medical and investigatory questions that were raised, they recommend that the Board obtain advisory opinions from the Air Force Surgeon General and Air Force Office of Special Investigations.

A complete copy of the AFPC/DPW evaluation, with attachments, is at Exhibit C.

The Medical Consultant recommended denial indicating that the autopsy results concluding that the entrance wound was in the right temple and exit wound was in the left temple, the description of the relative locations of those wounds, the photographs showing the relative position of the deceased's head to the bullet/shrapnel holes in the generator and the location of the blood pool were consistent with a conclusion that the applicant sustained his gunshot wound in the position he was found, lying on the ground on his back.  Whether or not the holes in the side of the generator and the shrapnel found inside were from the gun and shot that killed the deceased was not otherwise confirmed.  Recoil from the firing of the rifle would be expected to result in movement of the rifle from its position of firing but not necessary to the extent of freeing his finger from the trigger guard.  Autopsy findings are consistent with a very close range gunshot.  The force of the shot would also have moved the head from the position it was in when the shot was fired.  It was common for many cases of suicide to be a surprise to friends and family who had no idea that the victim was at risk.  In the Medical Consultant's opinion, the evidence was consistent with suicide and there was insufficient evidence to the contrary to recommend change in the records.

A complete copy of the Medical Consultant's evaluation, with attachment, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant reviewed the advisory opinions and provided a detailed response indicating that although her family strongly believes that the former servicemember did not commit suicide, they would be satisfied with a change in the manner of death to undetermined because of the conflicting information that was admittedly difficult to clear up given the age of the case.  They are asking the Board to take a second look at the case and request that the Board pay particular attention to the position of the M-16.

Applicant's complete response, with attachments, is at Exhibit F.

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ADDITIONAL AIR FORCE EVALUATION:

HQ AFOSI/IG indicated that the file was reviewed by a special agent from the Criminal Investigative Division.  To the extent possible, based on the documents in the file, he provided a response to the questions raised by the applicant, which is attached at Exhibit G.

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APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

Applicant reviewed the additional advisory opinion from HQ AFOSI/IG and furnished a response indicating that it appears that the special agent did not read her rebuttal statement or simply responded to the wrong letter.  Also, the review did not give any final opinion on the method of her brother's death, which she feels should have been the ultimate purpose of the review.

Applicant's complete response is at Exhibit I.

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action.  The evidence of record indicates that the former servicemember was found dead with a gunshot wound to his head.  While the Certificate of Death showed the mode of death as homicide, the autopsy protocol made no mention of the manner of death.  However, the initial casualty report and the notification to the servicemember's family indicated that his death was apparently the result of a self-inflicted gunshot wound to the head.  After an exhaustive review of this case, we found the manner of the servicemember's death to be inconclusive.  There were several areas of concern to us, most notably were the inconsistencies in the statements of the witness who allegedly found the body, and the absence of the AFOSI investigation, which we believe would have shed much needed light on the circumstances surrounding the servicemember's death.  In view of the above, and the level of uncertainty concerning the manner of the servicemember's death, we recommend that the former servicemember's Certificate of Death be amended to reflect the mode of death as Undetermined, rather than Homicide.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to FORMER SERVICEMEMBER be corrected to show that the Military Certificate of Death, dated 20 Dec 71, be amended to reflect the mode of death as Undetermined, rather than Homicide.

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The following members of the Board considered AFBCMR Docket Number BC-2002-03142 in Executive Session on 7 Oct 03, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to Docket Number BC‑2002-03142 was considered:

     Exhibit A.  DD Form 149, dated 23 Sep 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPW, dated 16 Dec 02, w/atchs.
     Exhibit D.  Letter, Medical Consultant, dated 2 Jul 03,
                 w/atch.
     Exhibit E.  Letter, SAF/MRBR, dated 18 Jul 03.
     Exhibit F.  Letter, applicant, dated 8 Aug 03, w/atchs.
     Exhibit G.  Letter, AFOSI/IG, dated 4 Sep 03.
     Exhibit H.  Letter, AFBCMR, dated 5 Sep 03.
     Exhibit I.  Letter, applicant, undated.

AFBCMR BC-2002-03142

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to , be corrected to show that the Military Certificate of Death, dated 20 Dec 71, be amended to reflect the mode of death as Undetermined, rather than Homicide.