RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01349
		INDEX CODE 106.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for an injury sustained around 16 Aug 67 in Vietnam.

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APPLICANT CONTENDS THAT:

While in Vietnam in 1967, someone shouted “Incoming” and he dived into a foxhole to keep from being killed from hostile fire. He injured his back in the process. He was transported to Tan Son Nhut AB Dispensary for treatment.

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

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STATEMENT OF FACTS:

The applicant served on active duty from 18 Jul 50 to 31 Jan 73. He had a tour in Vietnam during the period 21 Oct 66 to 13 Oct 67. During the period in question he was a master sergeant assigned to the XXXX Support Squadron as an offense duty NCO at Tan Son Nhut AB, Vietnam.

The applicant’s military medical records show medical entries for low back pain and/or strain as early as 1960, 1961, 1963, and 1965, without evidence of trauma. There are no descriptions of a back injury such as he described.

An entry, dated 28 Jan 60, reports a sick call for acute low back strain.  On 31 Mar 61, the applicant complained of low back pain after lifting a heavy object. Rest and medication were prescribed. An entry, dated 16 Aug 67, reported the applicant had dull, aching back pain, but physical examination was negative. Based on complaints of low back pain while sitting and bending, the applicant’s spine was x-rayed; impression was normal. Another entry, around 25 Aug 67, reported intermittent back pain; exercises were prescribed. A Report of Medical Exam, dated 31 May 68, for assignment to flying status remarked that the applicant had occasional slight back pain from lifting sand bags in Apr 67 in Vietnam; symptoms were treated with medication. In May 70, while he was stationed in Thailand, the applicant had a cyst surgically removed with no postoperative problems or complications. In his retirement physical on 20 Nov 72, the applicant checked “No” to the recurrent back pain item.

He retired on 1 Feb 73 in the grade of senior master sergeant with 20 years, 4 months and 29 days of active service.

An 11 Nov 76 spinal exam by civilian providers was normal.

A 26 Jun 1980 letter by a civilian orthopedist in the Department of Veterans Affairs (DVA) claim folder indicates the applicant “alleged he enjoyed excellent health without any back problems at all until 1966 when he allegedly injured his low back while lifting a sand bag while on active duty in the Republic of South Vietnam.” He felt that when he retired from the military in 1973 he went from a military environment requiring no physical activity to one that required physical work as a lawn mower motor mechanic. He then began to experience an “exacerbation of back pain and bilateral thigh pain which as plagued him over the past six years.” The orthopedist reported that x-rays revealed a lumbosacral spine in completely normal limits.

In a 24 Jul 80 letter to a veteran’s hospital, a civilian physical reports that the applicant had acute back strain in Jan 60, low back pain after lifting a heavy object in Mar 61, back pain in May 63, back pain due to lifting sand bags in Vietnam in Apr 67, intermittent back pain in Aug 67, and low back pain in Dec 67.

A DVA medical record dated 5 Nov 80 reports the applicant indicated he sustained a back injury in 1966 while lifting sand bags in Vietnam. 

On 10 Feb 81, the applicant was awarded a 10% rating from the DVA for a back condition. 

A DVA special exam dated 6 Nov 84 reports the applicant claimed his low back pain problems began after he moved a lot of sand bags when he was in Vietnam in 1966.

A DVA rating dated 4 Feb 03 reflects a 70% combined rating for diabetes, neuropathy, and back pain (10%). 

On 28 May 03, HQ AFPC/DPPPR informed the applicant his medical records did not show a back injury as a result of enemy action and that he injured his back years earlier. He was asked to withdraw his application; however, he did not respond.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial because the applicant has not provided any documentation or specific facts showing he was injured as a result of enemy action and his records do not support his claim.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluation was forwarded to the applicant on 25 Jul 03 for review and comment within 30 days.  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 evidence of record and the applicant’s submission, we are not persuaded that he is entitled to the PH. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the available evidence of record or the rationale provided by the Air Force. In this regard, the applicant himself indicated to the DVA that he had injured his back while moving sand bags in Vietnam in 1973. Further, his records reveal he experienced back pain as early as 1960. He has supplied no evidence substantiating his claim that he sustained a back injury as a direct result of enemy action. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has not sustained his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought   

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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 10 September 2003 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2003-01349 was considered:

   Exhibit A.  DD Form 149, dated 9 Apr 03, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 23 Jul 03.
   Exhibit D.  Letter, SAF/MRBR, dated 25 Jul 03.