RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2004-01567
INDEX CODE:  107.00 
	XXXXXXXXXXXXXX				COUNSEL: NONE

	XXXXXXXXXXX					HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

His records be corrected to show the award of the Purple Heart Medal.
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APPLICANT CONTENDS THAT:

He received a letter from the Air Force, dated 4 March 2004, stating he was awarded Combat-Related Special Compensation (CRSC).  In paragraph 2 of the letter, it indicated he is total combat-related disabled including Purple Heart.  Since he was awarded Combat-Related Special Compensation (CRSC) based on his Purple Heart, his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, should be corrected to reflect his award.  

In support of his application, the applicant provides copies of congressional correspondence, a medical record dated 29 August 1968, AFPC/DPPD/CRSC letter dated 4 March 2004, an Internet information sheet on CRSC, DFAS letter dated 5 October 2001, Disabled American Veterans letter dated 29 September 2003, and VA letter dated 12 February 1982.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 30 September 1946, the applicant enlisted in the Regular Army at the age of 17 in the grade of private (E-1) for a period of three years.  The applicant was progressively promoted to the rank of technical sergeant (E-6) with a date of rank of 1 February 1954.  He performed duties as a Ground Radio Communications Technician.  The applicant served in Vietnam from 7 February 1966 to 30 May 1967.

According to a line of duty determination signed 17 July 1968, the applicant was seen on 14 May 1967 after sustaining a contusion of the brain, left temporal lobe with clotting.  The alleged circumstances reflected on the form indicate that there were conflicting stories as to the cause of the injury; however, it states the applicant was injured at approximately 2300 hours on 13 May 1967, near Saigon, Vietnam, when he was driving a motorcycle and was involved in an accident.  In the remarks section of the form, it indicates another story that the applicant was injured while driving a jeep in Saigon and a mortar shell exploded.  The applicant’s injuries were determined to be in the line of duty.  

A retirement order dated 19 September 1968 indicates the applicant was relieved from active duty on 3 October 1968 and placed on the Temporary Disability Retired List (TDRL) effective 4 October 1968, with a compensable percentage of disability of 100%.  He was credited with 21 years, 11 months, and 27 days for retirement. 

On 24 February 1972, the Secretary of the Air Force directed the applicant be removed from TDRL and permanently retired with a disability rating of 90% effective 16 March 1972.  

On 16 October 1976, the applicant’s spouse requested the award of the Purple Heart Medal for her husband.  On 28 October 1976, the Air Force office of primary responsibility responded that there was no conclusive evidence to justify the award to the applicant because the available evidence did not indicate that her husband’s injury, sustained on 13 May 1967, was incurred as a result of a direct act of a hostile foreign force. 

A Department of Veterans Affairs (DVA) letter dated 12 February 1982, indicates the applicant was approved for a combined service-connected disability of 90%; however, he receives a 100% disability because of individual unemployability.   

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR indicates that for award of the Purple Heart Medal, a member must provide a detailed personal account, eyewitness statements, and medical documentation to show that his or her wound received treatment by medical personnel and occurred as a direct result of enemy action.   DPPPR states that after a review of the applicant’s records and his submission, they find no evidence to support the award of the Purple Heart Medal.  The AFPC/DPPPR evaluation 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 the applicant on 13 August 2004 for review and response 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 available records, we found no evidence that the applicant is eligible for the award of the Purple Heart Medal.  The applicant received medical treatment on 14 May 1967 for a contusion of the brain, left temporal lobe with clotting and there is conflicting information in the applicant’s records as to how he was injured.  When his spouse requested the award of the Purple Heart Medal for her husband in October 1976, the Air Force Office of Primary Responsibility (OPR) determined that there was no conclusive evidence to justify the award to the applicant because the available evidence did not indicate that his injury, sustained on 13 May 1967, was incurred as a result of a direct act of a hostile foreign force.  The applicant has provided no documentary evidence that was previously unavailable at the time he was injured or when his spouse’s request for the award was declined by the Air Force OPR that would show to our satisfaction that the circumstances of his injury met the criteria for award of the Purple Heart Medal or that he was recommended for, or awarded, the Purple Heart.  The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service.  Nevertheless, in view of the above and in absence of evidence to the contrary, we find no basis to favorably consider 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 16 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-01567:

	Exhibit A.  DD Form 149, dated 4 Jun 04, with attachments.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/ DPPPR, dated 5 Aug 04. 
	Exhibit D.  Letter, SAF/MRBR, dated 13 Aug 04.