RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00657
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS:

Award of the Purple Heart (PH) for injuries sustained in Vietnam.
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APPLICANT CONTENDS THAT:

He was injured during a mortar attack in Quang Tri, Vietnam, in 1965.  He received medical treatment for his wounds by Army medics on two separate occasions and was provided a form describing his injury as cuts, abrasions and punctures.  He turned this form over to the medical section at the Clark AB Hospital to be placed in his medical records.

In support of his request, applicant submits a personal statement, copies of his DD Forms 214, a civilian medical statement and additional documents associated with the issues cited in his contentions.  The applicant’s complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:

The applicant’s Total Active Federal Military Service Date (TAFMSD) is 3 February 1954.  He was progressively promoted to the grade of technical sergeant (E-6), with an effective date and date of rank of 1 July 1972.

The applicant’s DD Form 214 covering his third enlistment period, 23 July 1961 - 22 July 1965, reveals nine months and three days of foreign and/or SEA service and no wounds received as a result of action with enemy forces.  Applicant’s fourth enlistment period, 23 July 1964 - 22 July 1969, reveals two years and 22 days of foreign and/or SEA service and award of the Vietnam Service Medal (VSM), Air Force Outstanding Unit Award (AFOUA) with two bronze oak leaf clusters (2OLCs), Air Force Good Conduct Medal (AFGCM) w/1OLC, Air Force Commendation Medal (AFCM) and the Air Force Longevity Service Award (AFLSA) w/2OLCs.  His fifth enlistment period, 23 July 1969 - 22 July 1974, reveals 11 months of foreign and/or SEA service this period and award of the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVCM), AFCM w/1OLC, AFLSA w/4OLCs, AFGCM w/4OLCs and AFOUA w/2OLCs.

On 28 February 1977, the applicant was relieved from active duty, retired in the grade of E-6 on 1 March 1977, and assigned to the retired Reserve.  He had completed a total of 23 years and 1 month of active duty service for retirement.  The applicant was relieved from his Reserve assignment and honorably discharged from the Air Force Reserve on 2 February 1984.
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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied.  DPPR states that there is no evidence in the applicant’s medical or military personnel records to substantiate that wounds were received as a direct result of enemy action and that the wounds required or received medical treatment by medical personnel.  The HQ AFPC/DPPPR evaluation, with attachment, 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 applicant on 21 May 2004 for review and response.  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.  Applicant’s contentions were duly noted; however, we did not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force office of primary responsibility.  The applicant has provided no evidence to indicate the injuries sustained were the direct result of enemy action.  Hence, the Purple Heart criteria of enemy action has not been met.  Absent sufficient documentation to support his eligibility for award of the Purple Heart, we find no 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 this application in Executive Session on 25 August 2004 and 25 October 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00657.

   Exhibit A.  DD Form 149, dated 16 Feb 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 11 May 04, w/atch.
   Exhibit D.  Letter, SAF/MRBR, dated 21 May 04.