RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2004-01076
		INDEX CODE 107.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for a combat injury sustained on 17 May 67 during his Vietnam tour.

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APPLICANT CONTENDS THAT:

His left eye and eye socket were injured on 17 May 67 during a heavy mortar attack from Communist North Vietnamese forces.  Under the new public law of 2003 for concurrent pay [Combat-Related Service Compensation (CRSC)], he requests the PH award because he is retiring from the military with over 38 years of service.

The applicant’s complete submission is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant, currently a retired Reserve senior master sergeant, first enlisted in the Regular Air Force on 1 Oct 63. During the period in question, he was assigned to the 18th Field Maintenance Squadron at Kadena AB, Okinawa, as a jet mechanic.  In this capacity, he was responsible for parking, servicing and sending off all transient aircraft as well as performing maintenance on ground support equipment assigned to the Transient Alert Section. 

The applicant’s available military personnel and medical records contain no indication of a wound sustained by enemy action.

The applicant was honorably discharged from the Regular Air Force in the grade of staff sergeant on 15 Dec 71 after 8 years, 2 months and 15 days of active service.  He continued his career with the Air Force Reserve.

An 18 Nov 72 Report of Medical History for the applicant’s application as an Air Reserve Technician (ART) includes physician’s comments regarding a one-inch scar on the left eye area for a “service connected accident” in Feb 67.  The applicant’s eyes were found to be normal except for needing glasses. 

In a letter dated 20 Apr 04, HQ AFPC/DPPPRA advised the applicant they were returning his DD Form 149 because the documents he provided were unclear and unreadable.  He was asked to provide documentation attesting to the circumstances of his injury, enemy action as the cause, and the necessity of medical treatment.  According to DPPPR, he did not respond (see Exhibit C).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes the applicant provided no documentation to support his claim, nor did they find such documentation when reviewing his military records.  The applicant did not respond to their 20 Apr 04 letter requesting such documentation. Denial is recommended.

A complete copy of the 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 9 Jul 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.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded he should be awarded the PH.  The applicant’s available military personnel and medical records contained no indication of a wound sustained by enemy action.  The applicant was honorably discharged from the Regular Air Force on 15 Dec 71 and continued his career with the Air Force Reserve.  An 18 Nov 72 Report of Medical History for his application as an ART included a physician’s comment regarding a one-inch scar on the applicant’s left eye area for a “service connected accident” in Feb 67.  An “accident” would not appear to be an enemy-inflicted injury.  The applicant has provided nothing other than his own assertions to substantiate his claim, despite being invited to submit supporting materials.  In view of the above and absent persuasive evidence to the contrary, we find the applicant has failed to sustain his burden of having suffered either an error or an injustice.  However, should the applicant provide documentation corroborating his contention that he was injured as a result of an enemy mortar attack on 17 May 67, we would be willing to review his appeal for possible reconsideration.  Until then, we find no compelling basis to recommend granting the relief sought.

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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 19 August 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-01076 was considered:

   Exhibit A.  DD Form 149, dated 19 Mar 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.