RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03472
		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:

He was injured on the night of 7-8 September 1968, at Bien Hoa AB Vietnam, after being awakened by sirens, which indicated imminent enemy rocket attack.  He rapidly egressed his barracks and headed for the assigned bunker.  Due to wet grass and slippery conditions, he fell into the bunker breaking the second and third toes on his left foot.  After the all-clear signal he reported to the dispensary.  His foot was placed in a splint, which he wore for several days.  Administrative personnel advised him that he should apply for the PH Medal, but due to the confusion at the time and the fact that he left Vietnam within two weeks he never completed the required action.

In support of his request, applicant submits a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, a copy of extracts from his Personnel Records, and a copy of SF 600, Chronological Record of Medical Care.

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 26 May 1966 through 25 March 1970.  His enlisted performance reports for the period 26 May 1968 through 8 September 1968, indicated he was assigned to the XXXst Tactical Fighter Squadron, Bien Hoa AB, Vietnam.  His report of separation reflects award of the Republic of Vietnam, Vietnam Service Medal w/2 Bronze Service Starts, the Republic of Vietnam, Campaign Medal, National Defense Service Medal, the Good Conduct Medal, and the Air Force Commendation Medal.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  The applicant’s medical records merely show that he stubbed the toes of his left foot when entering a bunker.  He did not submit additional documentation to substantiate his claim that the injury to his toes was received as a direct result of enemy actions.  Because he didn’t provide a detailed account of the circumstances regarding his injury and any eyewitness statements, they are unable to verify his injury was from enemy actions.

The DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 12 Mar 04 for review and comment within 30 days.  As of this date, no response has been received by this office.

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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 applicant’s submission and the available evidence of record, we are not persuaded that he should be awarded the Purple Heart Medal.  The available documentation does not confirm the applicant was wounded and received medical treatment for injuries sustained as a direct result of enemy action.  While we are not unmindful or unappreciative of the applicant’s service to the nation, in the absence of evidence to support that he was wounded as a result of enemy action, we agree with the opinion of the Air Force and find no compelling basis to warrant favorable consideration of this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2003-03472 in Executive Session on 27 April 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 11 Jun 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 4 Mar 04.
	Exhibit D.	Letter, SAF/MRBR, dated 12 Mar 04.