RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 03-00632
		INDEX CODE:  107.00
		COUNSEL:  NONE
		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:

He received wounds to the right knee during an attack while in Vietnam.  He was supposed to be awarded the PH upon his reassignment; however, he never received the award.  

In support of his appeal, applicant submits an extract copy of his Veterans Administration rating decision.  Applicant’s complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

On 31 March 1992, the applicant was relieved from active duty and retired in the grade of technical sergeant effective 1 April 1992.  Applicant was credited with 21 years, 10 months and 3 days of service for basic pay and 21 years, 8 months and 1 day for active service for retirement.  

His discharge document for the period in question reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal, Air Force Longevity Service Award Ribbon, Vietnam Service Medal, Republic of Vietnam Campaign Medal and the Air Force Outstanding Unit Award.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states, in part, that they notified the applicant of the criteria for the PH and requested he provide additional information showing he was treated for a wound or injury resulting from enemy action.  Additionally, DPPPR provided the applicant a copy of his health record of treatment while in Vietnam (4 August 1971 - treatment for a fungus), and copies of his 25 October 1972, and 24 February 1992, Report of Medical History and Report of Medical Examination, neither of which reflected any indication of knee injury or any injury incurred while he was in Vietnam.

The DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 9 January 2004 for review and response.  As of this date, no response has been received by this office.

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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.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for injuries sustained to the right knee during an attack while in Vietnam.  After a thorough review of his submission and the supporting documentation he provided, his Veterans Administration Rating Decision, which indicates that during Vietnam the applicant sustained a wound due to a shell fragment, this statement alone does not persuade us that he should be awarded the Purple Heart Medal.  Contrary to this statement in the DVA record, there is no evidence in his military medical records of medical treatment for the wound he alleges he sustained or that the wound was a direct result of enemy action.  While we appreciate and honor the applicant’s service to his country, absent sufficient documentation to support his eligibility for award of the Purple Heart, we find no 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 probable 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 AFBCMR Docket Number 03-00632 in Executive Session on 11 March 2004, under the provisions of AFI 36-2603:

		Panel Chair
		Member
		Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 15 Feb 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 5 Jan 04.
    Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04.

                                   
                                   Panel Chair