RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-02901
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

While serving in the Republic of Vietnam he was wounded by flying shrapnel, when the facility he was sleeping came under mortar attack.

In support of his request, applicant submits three personal statements, a copy of Department of Veterans Affairs (DVA) Form 21-4138, Statement in Support of Claim, a copy of a newspaper clip, a copy of a from his doctor, a copy of his VA Rating, and a copy of a Letter of Support from his wife.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect that the applicant served on active duty from 15 Sep 1961 through 4 January 1966.  On 11 August 1964, the applicant volunteered for duty in Vietnam.  He was assigned to the XXth Air Postal Squadron, Det 1, from 7 October 1964 to 30 December 1965.  His report of separation reflects award of the Republic of Vietnam, Vietnam Service Medal, Air Force Longevity Service Award, Air Force Outstanding Unit Award, Good Conduct Medal, Expeditionary Medal and the Air Force Commendation Medal.

In July 2001, his request for the PH was processed through congressional channels and disapproved by the Purple Heart Review Board (PHRB), who determined that the applicant did not have sufficient medical documentation evidence to approve the PH.  He was advised to appeal to the Air Force Board for Correction of 
Military Records (AFBCMR), once he could provide sufficient medical documentation to support his claim.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  The applicant has not provided any documentation to meet the criteria for award of the PH Medal.  There is no entry or injury found in his military medical records and Item 27 of his Report of Separation, wounds received in action, reflect none.  His service medical records were provided as part of his VA medical records, and there is no indication in his medical records of him having been treated in Vietnam.  Without the basic information and documentation proving injury, his eligibility for award of the PH cannot be verified.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that all facts were not considered.  He’s sure he was not the only person stationed at an outpost with no medical facilities or did not have complete medical records.  He has provided documentation that proves he was injured while in a combat zone but was inadvertently not recorded because there were no medical facilities.  He was the only Air Force person in the area for almost the entire year he served in Vietnam.  He will provide the Board with additional information if he is able, but believes the DVA documentation is sufficient.  He does not believe that the Board thinks that wartime medical records were infallible and a discharge physical during that time of war was not complete.

He is a disabled veteran treated for scaring, hearing loss and chronic neuropathy, all as a result of wounds he received while in Vietnam.  This was proven and documented for the Department of Veterans Affairs (DVA), and is the reason disability compensation was granted.

When he was wounded he was on a journey to a remote outpost and got a helicopter ride back to an Army airfield in a small town called Long-Xuin.  During the night he and others came under mortar attack and a mortar hit the building he was in and he received wounds from flying shrapnel, wood, glass and other debris.  There was only minimal first aid capability and his wounds were not life threatening.  A corpsman cleaned him up, bandaged his wounds and topically dressed his wounds.  The next day, he returned to base and reported to the air facility, where he was issued new bandages, some additional treatment and topical antibiotics and resumed his duties.  He has never seen where the Army and the Air Force communicated well enough to transfer this documentation if any ever existed.  He knows that the story is in the Library of Congress and that he received a certificate for relating the specifics to a congressional representative.  When he left the Air Force, he was mustered out and the emphasis was to get people to Vietnam and processing of the people coming back was cursory at best.  Fortunately his mother’s doctor had notes in his archives that documented that when he returned from military service, he had over 1,000 scars on his face, left side, legs and chest from wounds received in this incident.

He provided contact information on an individual who he says and states that he does not know if this individual can attest to his claims, but he can verify the conditions of the assignment, his duties, and the lack of medical care facilities.  His wife also verified, that she saw these scars when he returned.

His complete submission, with attachments, is 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.  After a thorough review of the applicant’s submission, we are persuaded by the applicant's assertion concerning his alleged injury and the corroboration by his physician that he noted these wounds during an examination after the applicant returned from serving in Vietnam.  His wife and his physician also noted that these scars were not present on the applicant’s body prior to him serving in the military.  The absence of any information pertaining to the asserted wounds from the existing records is not surprising considering the member served in isolated outposts during his tour in Vietnam, which may have deprived him of appropriate medical care and prevented the proper documentation of his medical records.  In view of the foregoing and in recognition of his service to the Nation, it is our opinion that any doubt concerning the applicant’s entitlement to the PH should be resolved in his favor and that his records should be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to                 , be corrected to show that he was awarded the Purple Heart on 20 December 1965, for injuries he received in action against an enemy of the United States in the Republic of Vietnam.

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The following members of the Board considered Docket Number BC-2003-02901 in Executive Session on 2 March 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 26 Sep 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 12 Jan 04.
	Exhibit D.	Letter, SAF/MRBR, dated 16 Jan 04.
	Exhibit E.	Letter, Applicant, undated, w/atchs.

	

AFBCMR 2003-02901

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        , be corrected to show that he was awarded the Purple Heart on 20 December 1965, for injuries he received in action against an enemy of the United States in the Republic of Vietnam.