RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-01529
		INDEX CODE:  107.00

		COUNSEL:  XXXXX

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The applicant, father of the former member, requests that his son be awarded the Purple Heart Medal.

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APPLICANT CONTENDS THAT:

The applicant states that his son was killed while on active duty, therefore, he believes he deserves a Purple Heart.

In support of the appeal, applicant submits a copy of the casualty list.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The former member served on active duty during the period 3 September 1964 through 17 June 1967, with an overseas tour in Vietnam (9 January 1967 through 17 June 1967).  He was appointed second lieutenant on 3 September 1963.  He was promoted to the grade of first lieutenant on 5 June 1964.  He was promoted to the temporary grade of captain on 3 September 1964 and the permanent grade of captain on 11 February 1966.

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AIR FORCE EVALUATION:

AFPC/DPPPRA states the Purple Heart Medal is awarded for wounds received as a result of enemy actions:  in addition, it is necessary that the wound required or received treatment by medical personnel.  If possible, an eyewitness account from an individual who saw the injury and can attest to the circumstances surrounding the event.  Indirect injuries do not meet the criteria for award of the Purple Heart.  These include, but not limited to, injuries received while seeking shelter from mortar attacks, aircraft bombings, and injuries incurred while serving as an aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.

The former member’s DD Form 1300, Report of Casualty, item 2 gives the casualty status of death is due to non-battle participation.  The downed military aircraft was deemed as accidental.

On 8 December 1997, AFPC/DPPPRA informed the applicant that pursuant to his letter requesting a review of the former member’s awards and decorations they feel he is authorized the following decorations:  the Bronze Star Medal, Air Force Outstanding Unit Award (with Valor (2)), National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  They have included a full replacement set of decorations, which he has been authorized for his military services.

There is no evidence in the former members’ medical or personnel records, which were provided that he had been injured as a direct result of enemy actions.  His injuries were the result of an aircraft accident, which does not meet the criteria of this prestigious award.  Therefore, they recommend disapproval of the applicant’s request.

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 4 June 2004, copies of the Air Force evaluation were forwarded to the applicant and the counsel for review and response within 30 days.  As of this date, no response has been received by this office.

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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.	Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the evidence of record, we are sufficiently persuaded that the deceased member should have been awarded the Purple Heart.  The Board notes that the casualty status of death was due to non-battle participation.  However, the area in which the member’s aircraft went down was in a war zone.  In view of the foregoing and in recognition of the deceased member’s service to the Nation, it is our opinion that any doubt concerning his entitlement to the Purple Heart should be resolved in his favor.  Therefore, we recommend the deceased member’s record be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in South Vietnam on 17 June 1967.

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The following members of the Board considered this application in Executive Session on 29 July 2004, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Nov 03, w/atch.
   Exhibit B.  Deceased Member's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPPRA, dated 28 May 04.
   Exhibit D.  Letters, SAF/MRBR, dated 4 Jun 04.

AFBCMR BC-2004-01529

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in South Vietnam on 17 June 1967.