RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-03243
				INDEX CODE:  107.00
	APPLICANT 	COUNSEL:  None

	SSN		HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH).
_________________________________________________________________

APPLICANT CONTENDS THAT:

The rocket attack on 3 October 1971 caused an 85-pound speaker to fall and hit him in the head.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant’s records have apparently been charged out to the Department of Veteran’s Affairs (DVA) and, despite repeated requests to them and the applicant, they remain unavailable.

The available records indicate the applicant entered the Regular Air Force on 17 July 1968 for a period of four (4) years.  The applicant was voluntarily retired on 1 September 1989 after serving 21 years, 1 month and 14 days of active service.

According to a 4 October 1971 medical entry submitted by the applicant at Exhibit A, stereo speakers fell off a shelf and hit the  applicant on  the head  while  he was  sleeping  at 0200 on 3 October 1971 at Cam Ranh Bay, Republic of Viet Nam (RVN).  The diagnosis was cerebral concussion.  The entry does not specify how or why the speakers fell.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR states the primary criteria for award of the PH is that the individual be injured or wounded as a direct result of enemy action and that the wound required or received medical treatment by medical personnel.  Indirect injuries do not, meet the criteria for award of the PH.  Indirect injuries include but are not limited to, disease, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

The applicant’s request was forwarded to the Purple Review Board (PHRB) on 29 April 2003.  The PHRB determined the applicant did not have sufficient documentation in support of the PH.  The medical documentation the applicant provided stated he was accidentally injured when a speaker fell off a shelf onto him while he was sleeping.  The applicant’s request does not meet the criteria for award of the PH.

The PHRB has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s entitlement to the PH.  Each request is considered on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented.

The applicant’s request for award of the PH does not meet the basic criteria for the medal.  There is no evidence in the applicant’s record indicating he had been injured as a result of enemy action.  Based on the information provided, DPPPR recommends denying the requested relief.

A complete copy of the Air Force evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he provided a copy of all correspondence related to his request for award of the PH.  However, on 19 May 2003, he discovered his commander’s letter of confirmation was not part of the package reviewed by SAF/MRBR.  He requests that we contact his commander for confirmation.

He started this process after speaking with L. F., Commander, and Chapter 1966 Military Order of the Purple Heart.  L. F. 
encouraged him to apply based on the information the applicant provided him.  L. F. specifically told him he was entitled to the PH because his injury was incurred as a direct result of enemy action.

His medical records do not state his injury was related to a mortar attack; however, it does show the time as 0200 hours and that he was admitted to the hospital due to a concussion.  The applicant asks who could ever make up a story and actually admit that a stereo speaker fell on his head due to the proximity of this mortar landing outside the hooch. 

The applicant’s complete response is attached at Exhibit E.

_________________________________________________________________

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.  We took note of the documentation the applicant provided in support of his request.  However, this information does not substantiate the applicant had an injury that met the criteria for award of the PH.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence substantiating the applicant was injured as a direct result of enemy action, 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 AFBCMR Docket Number BC-2002-03243 in Executive Session on 26 June 2003 under the provisions of AFI 36-2603:
The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 3 Oct 02, w/atchs.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 5 May 03.
	Exhibit D.	Letter, SAF/MRBR, dated 9 May 03.
	Exhibit E.	Letter, Applicant’s Rebuttal dated 21 May 03,
				w/atch.