RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2003-03101
INDEX CODE:  107.00 
	XXXXXXXXXXXX					COUNSEL: AMERICAN LEGION

	XXXXXXXX					HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart Medal.
_______________________________________________________________

APPLICANT CONTENDS THAT:

He sustained a head injury in 1968 during a rocket attack in Saigon, Vietnam.  He was offered the Purple Heart Medal; however, he declined it.

In support of his application, the applicant provides a copy of a Veterans Administration Form 21-4138, Statement in Support of Claim.  The applicant’s complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 9 December 1964, the applicant enlisted in the Regular Air Force at the age of 18 for a period of four years in the rank of airman basic (E-1).  The applicant was progressively promoted to the rank of sergeant (E-4) effective and with a date of rank of 1 June 1968.  

The applicant’s available military medical records indicate that, during the period he was assigned to Tan Son Nhut Air Field, Vietnam (20 December 1967 through 22 July 1969), he received medical treatment on 9 April 1968 for a laceration to the scalp.  

The applicant was released from active duty on 22 July 1969 with an honorable characterization of service.  He served 4 years, 7 months and 14 days on active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states the applicant’s medical records indicate that he was treated in the Tan Son Nhut emergency room on 9 April 1968 for a “laceration to the scalp” but there is no mention as to how the applicant received the laceration.  There are no documents in his military record indicating that his injuries were as a direct result of enemy action.  DPPPR states that on 1 March 2004, they requested the applicant either withdraw his request for the Purple Heart or submit additional documentation to support his claim.  The applicant did not respond.  It is DPPPR’s opinion that the applicant has not provided the necessary evidence to substantiate his claim for eligibility for the Purple Heart Medal.  The AFPC/DPPPR evaluation is at Exhibit C.  

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He was injured while taking cover in a bunker during a Viet Cong mortar/rocket attack.  He didn’t realize he was injured until the crew chief indicated he had blood running down his face and neck.  He reported to the base dispensary where they sewed up his wound and asked him if he wanted a Purple Heart.  He was also injured on his upper right arm resulting from someone trying to slash his throat while stationed in Thailand in 1967.  The applicant’s review with attachment is at Exhibit E.

_________________________________________________________________

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 available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal.  According to the evidence presented, the applicant received medical treatment on 9 April 1968 for a laceration of the scalp.  The applicant did not provide any documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service.  Nevertheless, in view of the above, we find no basis to favorably consider this application. 

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered this application in Executive Session on 1 July 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2003-03101:

	Exhibit A.  DD Form 149, dated 9 Dec 03, with attachment.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/ DPPPR, dated 28 Apr 04. 
	Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.
	Exhibit E.  Applicant’s Rebuttal, dated 24 May 04.