RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-03480
		INDEX CODE:  107.00

		COUNSEL:  Disabled American
				   Veterans

		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 10 January 1969, while stationed in Vietnam he was injured during a mortar attack.  He received severe back and neck injuries.  Two other airmen received the PH for this incident.

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 (RegAF) on 13 April 1967 as an airman basic for a period of four years.

The medical narrative dated 17 April 1974, states the applicant in January 1969, was injured in a mortar attack in Southeast Asia.  He reported that he had some low back pain before the accident and that there was no significant increase in pain immediately following the accident.  About one year later, he began to develop low back pain which radiated into the lateral aspect of the right thigh.  He had no numbness or weakness.  In January 1973, he was thoroughly evaluated by Orthopedic Services with negative results.  X-rays showed lumbarization of S-1 and some degenerative changes L4-L5.  Throughout the remaining years of his military career, the applicant was medically treated for complaints of low back pain.

The applicant’s records reflect he was awarded the Air Force Commendation Medal with one Oak Leaf Cluster (AFCM w/1OLC), Meritorious Service Medal (MSM), Air Force Achievement Medal (AFAM), Air Force Good Conduct Medal (AFGM) with one Silver OLC, NCO Professional Military Education Ribbon, Air Force Longevity Service Ribbon with four OLCs, National Defense Service Medal (NDSM), Air Force Overseas Long Tour Ribbon with one OLC, Air Force Overseas Short Tour Ribbon; Air Force Training Ribbon, Vietnam Service Medal with one Silver OLC, Republic of Vietnam Gallantry Cross with Palm, Republic of Vietnam Campaign Medal, Air Force Outstanding Unit Award with two OLCs, and Air Force Presidential Unit Citation.

The applicant was honorably retired on 31 October 1987 in the grade of master sergeant.  He served 20 years, 6 months and 18 days of active service.

On 20 January 2004, the Air Force office of primary responsibility requested the applicant provide a more detailed account of the circumstances regarding the injuries he received in Vietnam on 10 January 1969.  The applicant did not respond. 

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AIR FORCE EVALUATION:

AFPC/DPPPR states the PH is awarded for injuries or wounds incurred as a direct result of enemy action; specific details must be provided, as well as documentation showing the wound or injury received medical treatment by medical personnel.  There is no documentation in the applicant’s records to indicate that the injury he sustained was a direct result of enemy action.  They further state they requested the applicant provide a detailed account of incident regarding his injury.  He did not respond.  Based on the documentation and evidence provided, DPPPR recommends denial of applicant’s request.

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

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 12 March 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and response 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.  We took note of the documentation the applicant provided in support of his request for award of the PH.  However, we are not persuaded this information substantiates the servicemember had an injury that met the criteria for award of the PH.  The applicant was requested to provide a detailed account regarding his injury, proof his injury required or received medical treatment and any eyewitness statements.  He did not respond.  While we are not unmindful or unappreciative of the servicemember’s service to his Nation, in the absence of evidence substantiating the servicemember was injured as a direct result of enemy action and received medical treatment for the injuries, 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-2003-03480 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, 15 Oct 03, w/atchs.
	Exhibit B.	Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR dated 10 Mar 04.
	Exhibit D.	Letter, SAF/MRBR, dated 12 Mar 04.