RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00560
		INDEX NUMBER:  107.00

		COUNSEL:  

		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:

His right hand was injured in a mortar attack in Vietnam.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The records reflect that applicant served on active duty in the Air Force from 9 Dec 65 – 9 Nov 69.  His DD Form 214, (Armed Forces of the United States Report of Transfer or Discharge) reflects        2 years, 11 months, and 26 days of Foreign Service.  Also, he was awarded the National Defense Service Medal, the Vietnam Service Medal, with one Bronze Service Star, Republic Vietnam Campaign Medal, Air Force (AF) Good Conduct Medal, AF Outstanding Unit Award, and Armed Forces Expeditionary Medal.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request be denied.  To be awarded the PH a member must provide documentation to support his claim that the wounds were a direct result of enemy action, and must have received medical treatment by medical personnel.  

The medical records he provided stated he was treated for warts on his right hand in Feb 68, Mar 68, and Jul 69.

On 8 Apr 04, AFPC/DPPPRA requested the applicant review the Purple Heart Criteria sheet carefully, and provide the necessary information and documentation or withdraw his application; he 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:

On 10 June 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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 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.  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 Docket Number BC‑2004-00560 in Executive Session on 17 August 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Feb 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 4 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.