RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-00363
INDEX CODE:  107.00 
	XXXXXXXXXXXXXXXXXX			COUNSEL: XXXXX

	XXX-XX-XXXX				     HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart Medal and his DD Form 214 be corrected to reflect the award.
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APPLICANT CONTENDS THAT:

He was injured from grenade shrapnel on 15 November 1969 while stationed in the Philippines and should be entitled to the Purple Heart Medal for his service-connected wounds.

In support of his application, the applicant provides copies of his Veterans Administration compensation awards and coorespondence between the applicant and AFPC offices to include several newspaper clippings, a statement from the applicant, the applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and DD Form 215, Correction to DD Form 214.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 1 August 1968, the applicant enlisted in the Regular Air Force at the age of 19 for a period of four years in the rank of airman basic (E-1).  The applicant was progressively promoted to the rank of sergeant (E-4) effective and with a date of rank of 1 July 1970.  

The applicant’s available military medical records indicate that, during the period he was assigned to Clark Air Base, Philippines (24 April 1969 through 30 October 1970), he received medical treatment on 15 November 1969 for multiple fragment wounds he sustained due to a random terrorism committed by unknown assailants.  

The applicant was released from active duty on 9 January 1972 with an honorable characterization of service.  He served three years, five months and nine days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  It is DPPPR’s opinion that the applicant has not provided the necessary evidence to substantiate his claim for eligibility for the Purple Heart Medal.  DPPPR states the applicant did not provide any documentation showing he was involved in any action against an enemy of the United States, in a foreign country in which the armed forces were engaged with an opposing armed force, serving outside the territory of the United States after 28 March 1973 as part of a peacekeeping force, or that he was wounded as a result of an international terrorist attack.  DPPPR states that according to the evidence presented, a grenade thrown by Philippine natives, who cannot be classified as terrorists but political dissidents, injured the applicant.  His commanding officer investigated the incident at the time it occurred, and determined the applicant and other injured personnel were not eligible for the award of the Purple Heart Medal.  DPPPR states since the applicant has waited almost 35 years to apply for award of this medal, there are no longer any personnel or documents available that would provide any additional information on the incident. 

On 26 March 2003, DPPPR informed the applicant that his records showed that he was injured as a result of an Anti-American attack by two Philippine individuals, not as a result of enemy action.  DPPPR asked the applicant to withdraw his application, as he was not eligible for the award of the Purple Heart Medal.  

DPPPR verified the applicant’s entitlement to the Vietnam Service Medal with three Bronze Service Stars, Air Force Outstanding Unit Award with V device and one oak leaf cluster, Republic of Vietnam Gallantry Cross with Palm, and Republic of Vietnam Campaign Medal.  The applicant’s records have been corrected to reflect these awards.  The AFPC/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 3 June 2003 for review and response (Exhibit D).  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.  After a thorough review of the available records, we found no evidence that the applicant is eligible for the award of the Purple Heart Medal.  The applicant asserts he was injured from grenade shrapnel on 15 November 1969 while stationed in the Philippines.  According to the evidence presented, the applicant was, in fact, injured by shrapnel from a grenade thrown by Philippine political dissidents.  Unfortunately, this incident does not meet the requirments for the award of a Purple Heart Medal.  The applicant has failed to provide evidence that he was injured while involved in any action against an enemy of the United States, in a foreign country in which the armed forces were engaged with an opposing armed force, serving outside the territory of the United States after 28 March 1973 as a part of a peacekeeping force, or that he was wounded as a result of an international terrorist attack.  There is no indication in his records that he was recommended for, or awarded, the Purple Heart or that he was treated differently from other members in similar circumstances.  Therefore, 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 this application in Executive Session on 23 July 2003, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The following documentary evidence for AFBCMR Docket Number BC-2003-00363 was considered:

	Exhibit A.  DD Form 149, dated 5 Dec 02, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPR, dated 19 May 03.
	Exhibit D.  Letter, SAF/MRBR, dated 3 Jun 03.

						
									Panel Chair