RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01257
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Air Force Commendation Medal (AFCM).

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APPLICANT CONTENDS THAT:

He should have been awarded the PH for injuries he received while in Vietnam.  Also, he never received the Air Force Commendation Medal.

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

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STATEMENT OF FACTS:

The available records indicate the applicant enlisted in the Air Force on 9 March 1965 in the grade of airman basic for a period of four years.

On 8 October 1968, the applicant was honorably discharged in the grade of airman first class under the provisions of AFM 39-10 - Convenience of the Government.  He served three years and seven months total active service.

Awards received during his enlistment are the Air Force Good Conduct Medal (AFGCM), Vietnam Service Medal (VSM), the National Defense Service Medal (NDSM), the Air Force Outstanding Unit Award (AFOUA), and Republic of Vietnam Campaign Medal (RVCM).

On 13 September 2001, AFPC/DPPPRA notified the applicant that he was entitled to the Presidential Unit Citation, and the Air Force Outstanding Unit Award with Valor and 1 Oak Leaf Cluster.  The awards are reflected on the applicant’s DD Form 215 (Correction to DD Form 214).

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended denial.  They indicated that on 13 June 2003, they notified the applicant of the criteria for award of the PH.  They requested that he provide additional information, which would substantiate his claim.  The applicant provided documentation; however, the injuries were not caused as a direct result of enemy action.  His injuries do not meet the criteria of this prestigious award.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and indicated that he hasn’t received the AFCM.  Two years ago he received the Outstanding Unit Award with Valor and Oak Leaf Cluster and the Presidential Award.  The record of these two awards were added to a DD Form 215 (correction to DD Form 214).  He never received the AFCM because he was discharged in October 1968.  He and his crew were in an airplane crash on 5 May 1968 while under rocket attacks during enemy fire.

Applicant’s response, with attachments, is at Exhibit E.

The applicant submitted additional documentation, dated 10 September 2003, with attachments, that is also at Exhibit E.

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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 an injustice warranting award of the AFCM.  We took particular note of the ---ST Combat Security Police Squadron’s Monthly Activity Report that indicates the applicant was recommended for the AFCM for his action during a rocket attack on 5 May 1968 when a C-47 crashed in front of his post, Bunker #3, and he attempted to rescue the crew members from the burning aircraft.  Due to the difficulties he encountered while trying to cross over the perimeter fence from which he received several minor lacerations, he did not arrive in time.  However, he did assist other personnel who arrived at the scene to evacuate the injured crew members who managed to escape the crash.”  The majority of the Board believes the evidence presented raises sufficient doubt regarding award of the AFCM for the period 17 March 1968 through 5 May 1968, and that such doubt should be resolved in the applicant’s favor.  In view of the foregoing, and in an effort to offset any possibility of an injustice, the majority believes the applicant should be awarded the Air Force Commendation Medal, for the period 17 March 1968 through 5 May 1968 for meritorious service.

4.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice warranting award of the PH.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  According to the applicant’s medical records, personnel records, and documentation provided by the applicant his injuries were not sustained as a direct result of enemy action.  While we wish to recognize the applicant’s sacrifices in defense of our nation during a time of war, we find no basis upon which to recommend awarding the PH.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Air Force Commendation Medal, for meritorious service, for the period 17 March 1968 through 5 May 1968.

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The following members of the Board considered this application in Executive Session on 21 August and 24 September 2003, under the provisions of AFI 36-2603:

By a majority vote, the Board voted to correct the records pertaining to AFBCMR Docket Number BC-2003-01257, as recommended.  XXXXXXX voted to deny the application and does not desire to submit a minority report.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 2 April 2003, w/atchs.
   Exhibit B.  Available Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPR, dated 15 July 2003, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 18 July 2003.
   Exhibit E.  Letters, Applicant, dated 26 July and 10 September
			2003, w/atchs.

				

AFBCMR BC-2003-01257

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 XXXXX  , be corrected to show that he was awarded the Air Force Commendation Medal, for meritorious service, for the period 17 March 1968 through 5 May 1968.