RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-00921
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect his injury during his tour in Vietnam and he be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

In 1972, Bien Hoa Air Base, Vietnam, was attacked with more than 100 rounds of incoming rockets and mortar fire.  During the attack, his barracks received a direct hit and he sustained an injury to his chin from flying shrapnel.  He was treated at the dispensary; however, due to the confusion and since the dispensary was understaffed and overrun, his injury was not documented.  As a result, he is unable to produce medical support for his claim for Combat-Related Special Compensation (CRSC) benefits.

In support of the appeal, applicant submits two statements from individuals who were at AB during the referenced attack.  One statement is from an individual attesting to the applicant’s injury as a direct result of enemy action.  The other statement attests to the injury and the treatment he received.

Applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant was permanently retired for disability effective 26 March 1986, with a disability rating of 30%.  He completed 23 years, 11 months, and 15 days of active federal military service.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPRA recommends the application be denied and states, in part, that without the basic information and documentation proving the injury incurred as a direct result of enemy action, they are unable to verify his eligibility for award of the PH.

The AFPC/DPPPRA evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 18 June 2004 for review and response within 30 days.  However, 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.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy actions and it is necessary the wound required or received treatment by medical personnel.  The applicant contends he sustained an injury to his chin from flying shrapnel in 1972, at Air Base, Vietnam, when his barracks received a direct hit during an enemy rocket and mortar attack.  He further contends that although his wound received treatment at the dispensary, due to the confusion and since the dispensary was understaffed, his injury was not documented.  The statements provided by applicant are noted; however, these individuals do not state they witnessed applicant being wounded as a direct result of enemy action.  The personal sacrifice applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Therefore, in the absence of evidence that he was injured as a direct result of enemy action, 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-2004-00921 in Executive Session on 1 September 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, AFPC/DPPPRA, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 18 Jun 04.