RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00144
				INDEX CODE:  107.00
				COUNSEL:  None

				HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Vietnam Service Medal (VSM) and Purple Heart (PH).

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APPLICANT CONTENDS THAT:

The Air Force never sent him the VSM or put the information into his records.  He does not understand how members of the military can receive a PH for a cut finger and he never received a PH and spent a week in the hospital in Thailand being treated for dehydration and Hepatitis B.

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 on 14 March 1972.  
The applicant was involved in a motor vehicle accident on 26 November 1973.  He was placed on the Temporary Disability Retired List (TDRL) on 4 April 1978.  The applicant was removed the TDRL and permanently retired on 6 September 1982.

The applicant’s records reflect he was awarded the Air Force Good Conduct Medal (AFGCM) with one Oak Leaf Cluster, the Air Force Longevity Service Award and the National Defense Service Medal (NDSM).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR states in order to be awarded the PH, the servicemember must provide documentation to support the injuries he received were received as a direct result of enemy action and the wounds required or received medical treatment by medical personnel.  There is no documentation in the applicant’s records to indicate he was injured or received medical treatment for injuries that were incurred as a direct result of enemy action.  Furthermore, the VSM is awarded for service performed in Vietnam from 4 July 1965 and 28 March 1973, in direct support of operations in support of Vietnam.  The applicant was in Thailand participating in an exercise which was not in direct support of operations in Vietnam.  On 1 March 2004, DPPPR informed the applicant that he was not entitled to the PH or VSM and requested he withdraw his request.  The applicant did not respond.  

A complete copy of the Air Force 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 7 May 2004, for review and response.  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 notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  The documentation provided by the applicant does not substantiate he had an injury that met the criteria for award of the PH.  He has not provided persuasive evidence to show the illness was a result of an injury incurred as a direct result of enemy action.  The Board notes the VSM is awarded to servicemen for service between 4 July 1965 and 28 March 1973, in Vietnam Cambodia, Thailand, or Laos, in direct support of operations in Vietnam.  The applicant's records reflect that he was in Thailand participating in an exercise; however, the exercise was not in direct support of an operation in Vietnam.  Therefore, in the absence of 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-2004-00144 in Executive Session on 15 June 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, undated, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, dated 26 Apr 04.
	Exhibit D.	Letter, SAF/MRBR, dated 7 May 04.

					Panel Chair