RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01997
		INDEX CODE:  107.00

			COUNSEL:  NONE

			HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH) for injuries he sustained in Vietnam.

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APPLICANT CONTENDS THAT:

On 8 March 1968, his barracks was hit by a 122-millimeter rocket.  The force was so great he was thrown out of bed against his locker.  Since that time he had tinnitus (noises) in both ears.  He was told by the compound dispensary the noise would subside in time.  During his outgoing physical, it was discovered he had high frequency hearing loss in both ears.  He believes this was caused by the concussive explosion of the rocket attack.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 30 April 1965, as an airman basic (AB) for a period of four years.

His DD Form 214 reflects he was awarded the Republic of Vietnam Campaign Medal (RVCM), Vietnam Service Medal with 1 Bronze Service Star (VSM 1BSS), Small Arms Expert Marksmanship Ribbon (SAEMR), National Defense Service Medal (NDSM), Air Force Good Conduct Medal (AFGCM).

A DD Form 215 was issued on 28 April 2000 adding the Vietnam Service Medal (VSM) with 1 Silver Service Star (1SSS), Air Force Outstanding Unit Award (AFOUA) with Valor and 2 Oak Leaf Clusters (V and 2OLC), Republic of Vietnam Gallantry Cross with Palm to the applicant’s DD Form 214.

The applicant was honorably discharged on 9 December 1968 in the grade of sergeant.  He served three years, seven months and one day of active duty service.  

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AIR FORCE EVALUATION:

AFPC/DPPPR states the applicant has not provided any documents showing he was injured as a result of enemy action.  In fact, in comparing his entrance physical and separation physical, his hearing had improved during his time on active duty.  Although, his separation physical notes a high frequency hearing loss, his entrance physical did not list this frequency, so there is no way to compare the high frequency hearing loss.  There is nothing in the applicant’s records to indicate he complained or was treated for any ear complaints, nor is there any documentation the applicant was treated on or after 8 March 1968 for an injury or wound that incurred on this date.  Based on the evidence provided AFPC/DPPPR recommends the requested relief be denied.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states he is unsure of how his hearing has improved from enlistment to discharge when his discharge physical noted that he should go to the Veterans Administration (VA) after separation for the hearing loss in both ears.  After the attack, he was treated at the hospital unit for small blisters from the hot shrapnel and the doctor told him the noise in his ears would clear up eventually.  He was never told by a medical doctor or audiologist that his hearing had improved between April 1965 and December 1968.  He has never worked in any areas that would cause this permanent damage to his ears.  

He has tried over the years to contact people he knew at Dong Ha that could verify the rocket attack, but time has passed and names have been lost.  

Applicant’s complete response, with attachments, is attached 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.  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 the 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.  However, should the applicant provide documentation substantiating he was injured as a direct result of enemy action, this Board would be willing to review the materials for possible reconsideration.

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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 AFBCMR Docket Number BC-2003-01997 in Executive Session on 21 April 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 9 Jun 03, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR dated 22 Mar 04.
	Exhibit D.	Letter, SAF/MRBR, dated 26 Mar 04.
	Exhibit E.	Applicant’s Response, dated 31 Mar 04.