RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03076
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.  He be awarded the Purple Heart medal.

2.  His records be corrected to reflect service in Vietnam. 

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APPLICANT CONTENDS THAT:

He injured his little finger while TDY to Nampong, Thailand and flew over Vietnam airspace on the return trip to the United States.  His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 8 Jun 70 and served as an Air Cargo Specialist until his release from active duty on 19 Feb 74.  He was progressively promoted to the grade of sergeant, having assumed that grade effective and with a date of rank of 1 May 72.  After a brief break in service he reenlisted on 14 Jan 75 and served as a computer operator until his honorable discharge on 10 Jan 80.  

His DD Form 214, Report of Separation from Active Duty, reflects in Item 18, that he served 3 months foreign and/or sea service.  In Item 19, his DD Form 214 reflects "No" Indochina or Korea service since August 5, 1964.

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AIR FORCE EVALUATION:

AFPC/DPAPP2 recommends denial.  DPAPP2 states there are no documents or comments in his performance reports that confirm a TDY to Thailand.  He was asked to provide documents to confirm his TDY to Thailand, but did not respond to their request.  The DPAPP2 evaluation is at Exhibit C.

AFPC/DPPPR states there is no documentation to show his injuries were a direct result of enemy action.  He was asked to provide evidence to support his claim, but he did not respond.  The DPPPR evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 23 Apr 04 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 that would warrant corrective action.  After a thorough review of the applicant's submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart.  We are not unmindful or unappreciative of his service to this Nation; however, there was no evidence presented, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire as required for award of the Purple Heart.  Further, absent documentation to sustain his contention that he served in Vietnam during the period in question, we do not believe that favorable consideration of his request that his records be corrected to reflect Vietnam service.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling 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 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-2003-03076 in Executive Session on 3 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 9 Sep 03, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPAPP2, dated 3 Feb 04.
    Exhibit D.  Letter, AFPC/DPPPR, dated 16 Apr 04, w/atchs.
    Exhibit E.  Letter, SAF/MRBR, dated 23 Apr 04.