RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02609
		INDEX CODE:  107.00
	XXXXXXXXXXXXXXXXX	COUNSEL:  NONE

	XXXXXXXXXXXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

His eardrums were ruptured after a rocket and mortar attack in 1969.  He went to the MASH station, they put medicated cotton in his ears and he went back to duty.  The paperwork must have gotten lost.

In support of his request, applicant submits a Department of Veterans Affairs memorandum, Hearing Connection Audiologic Evaluation, two witness statements and a personal statement.

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

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STATEMENT OF FACTS:

Applicant’s military personnel records reflect that he served on active duty from 7 December 1949 to 6 December 1953.  He reenlisted on 30 December 1953 and served until he was placed on the Temporary Disability Retired List (TDRL) on 19 December 1969.   On 16 July 1971, he was removed from the TDRL and retired in the grade of master sergeant.  His AF Form 7, Airman Military Record, indicates he was assigned to the 35th Field Maintenance Squadron, Phan Rang AB, Republic of Vietnam.  His record reflects award of the Republic of Vietnam, Vietnam Service Medal w/1 Oak Leaf Cluster (OLC), the Republic of Vietnam, Campaign Medal, the Korean Service Medal, the National Defense Service Medal w/1 OLC, the Good Conduct Medal w/1 Bronze OLC.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommended the applicant's request be denied.  To be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action and that the wounds required or received medical treatment by medical personnel.  They researched the applicant’s personnel record and documents attached to his appeal and could not find any documentation to support award of the PH Medal.

The DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant states that he has nothing further to add other than he cannot find the MASH records.  He believes his former commander firmly stated in his letter that his injuries were a result of enemy action.  He doesn’t believe the facts were properly assessed at AFPC.

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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 an injustice.  After a thorough review of the applicant’s submission, it is our opinion that corrective action is warranted in this case.  In this respect, we note that in support of his appeal, applicant submitted a statement provided by his former commander.  The commander’s statement asserts that the applicant was one of several ground crew personnel injured when a F-100 aircraft was hit by an enemy rocket launched from an enemy sight outside the base perimeter.  In view of the foregoing and having no reason to doubt his commander’s integrity in this matter, it is our opinion that any doubt concerning the applicant’s entitlement to the PH Medal should be resolved in his favor.  Accordingly, we recommend that his records 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 on 20 June 1969, for injuries he received in action against an enemy of the United States in the Republic of the Vietnam.

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The following members of the Board considered Docket Number BC-2004-02609 in Executive Session on 9 December 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 17 Aug 04, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 22 Oct 04.
	Exhibit D.	Letter, SAF/MRBR, dated 29 Oct 04.
	Exhibit E.	Letter, Applicant, undated.

AFBCMR BC-2004-02609

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 XXXXXXXXXXXXXXXXXXXXXXXX, 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 the Republic of the Vietnam on 20 June 1969.