RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02009
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) and the Silver Star (SS). 

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THE APPLICANT CONTENDS THAT:

On 31 January 1968, a cease fire was to have occurred at Bein Hoa, Vietnam.  Instead the Vietnamese bombed every US base.  He was injured and blood was coming out of his scalp.  He didn’t realize he was injured since he and another soldier were pulling out bodies from the bunkers and saving lives.  He was treated for his injuries.  

In support of his request, applicant submits a copy of his DD Form 214.  Applicant’s submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force in the grade of airman basic (E-1) on 31 May 1965.  Records reflect an overseas tour in Vietnam from 5 March 1967 through 2 March 1968.  

On 29 November 1968, he was honorably released from active duty, having served 3 years and 5 months and 29 days on active duty of which 11 months, and 27 days was foreign service.  After having been released from active duty, he was transferred to the Air Force Reserve for completion of his military service obligation, which occurred on 30 May 1971.  

His separation document reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Small Arms Expert Marksmanship Ribbon and the Air Force Commendation Medal.  

On 22 December 1989, the Recognition Programs Branch, advised the applicant that his records showed he is not eligible for award of the Purple Heart because of insufficient documentation to support his request for the PH. 

On 13 September 2004, the Recognition Program Section, advised the applicant that his records contained no documentation in his military medical records showing he was treated for any wound or injury caused as a direct result of enemy action.  He was also advised that they were unable to make a determination concerning his entitlement of the SS due the absence of evidence a recommendation had been submitted.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that they were unable to find evidence that his injury was a direct result of enemy action or that he was treated by medical authorities.  DPPPR further states that they were unable to find documentation to substantiate applicant’s claim to ever being recommended for the SS.  The DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

On 29 October 2004, a copy of the Air Force evaluation was forwarded to the applicant for review and comment.  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.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  The applicant contends that he should be awarded the Purple Heart for a scalp injury he sustained during a bomb attack at Bein Hoa, Vietnam.  However, he has provided no evidence to indicate that the injury he sustained was the direct result of enemy action.  After a review of his personnel and medical records, to include his 28 October 1968 separation physical examination report, the evidence does not persuade us that he should be awarded the Purple Heart Medal.  In the absence of evidence indicating that the applicant sustained an injury that met the criteria for award of the Purple Heart Medal, we agree with the opinion and assessment of the Air Force office of primary responsibility concerning the applicant’s request for the Purple Heart Medal.  With respect to the applicant’s request for award of the Silver Star, other than the applicant’s assertions, we have seen no evidence he was ever recommended for the Silver Star or that such a recommendation was submitted and improperly denied.  While we appreciate and honor the applicant’s service to his country, in view of the above and absent persuasive evidence showing his records are in error or unjust, the applicant’s requests cannot be favorably considered. 

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 AFBCMR Docket Number 04-02009 in Executive Session on 9 March 2005, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 June 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, undated.
    Exhibit D.  Letter, SAF/MRBR, dated 29 Oct 04.