RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00188
		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 wounded by armed conflict in Saigon, Vietnam in December 1966.  The paperwork recommending the PH was destroyed by the admin officer at the time.  He has two Western Union messages that confirm his injury.  Because of the armed conflict, he is has received a 30% disability rating.  

In support of his request, applicant provided his DD Form 214, Report of Separation from Active Duty; Western Union telegrams, his retirement order, and documents extracted from his medical record.  His complete submission, with attachments, is at Exhibit A. 

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STATEMENT OF FACTS:

Applicant contracted his initial enlistment in the Regular Air Force on 16 Apr 57.  He was progressively promoted to the grade of technical sergeant, having assumed that grade effective and with a date of rank of 1 Apr 76.  He was retired from the Air Force on 31 Jan 79.  He served 21 years, 9 years, and 15 days on active duty.  He served in the Republic of Vietnam from 7 Apr 66 through 18 Feb 67.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states to be awarded the PH a member must provide documentation to support that wounds were received as a direct result of enemy action and that the wounds received treatment by medical personnel.  The telegrams he provided did not state that wounds were incurred as a direct result of enemy action.  There are no documents in his military records indicating he was treated for injuries received as the result of enemy action.  He was sent a letter requesting additional information, but he did not respond to the request.  The DPPPR evaluation is 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 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, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  There was no evidence presented, which would lead us to believe that the wound he received incurred as a direct result of enemy fire as required for award of the Purple Heart.  Therefore, in the absence of persuasive evidence to the contrary, we find no compelling basis to warrant favorable consideration of his 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-2004-00188 in Executive Session on 30 Jun 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 23 Oct 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 26 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 7 May 04.

       Panel Chair