RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00236
				INDEX CODE:  107.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 JUL 07

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH).
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APPLICANT CONTENDS THAT:

He believes he is entitled to the PH.  He sustained a shell fragment wound to the nose in July 1968 in Da Nang, Vietnam and has established a service-connected disability rating for the injury.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 22 April 1966, as an basic airman for a period of four years.

His DD Form 214 reflects he was awarded the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) with two Bronze Stars (BS), Republic of Vietnam Commendation Medal (RVCM), and the Air Force Good Conduct Medal (AFGCM).

The applicant’s records further reflect he was assigned in Vietnam from 7 December 1967 through 8 December 1968. 

On 21 April 1970, the applicant was honorably discharged in the grade of sergeant.  He served four years of active duty service.

A Department of Veterans Affairs rating decision dated 17 March 1982 reflects the applicant is receiving a combined 10 percent 
service connected disability rating, however, the service connection for the shell fragment, nose wound was rated at zero percent.

The applicant submitted an application dated 19 March 1982 requesting award of the PH.  On 11 August 1982, the applicant was informed that the Purple Heart Review Board (PHRB) reviewed his request for award of the PH and denied the request due to insufficient evidence.

On 12 August 1987, the applicant was informed his request for award of the PH did not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied.  DPPPR states the PH is awarded for wounds received as a direct result of enemy action, such as, gunshot, or shrapnel wound, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.  In addition the wounds must have received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.  These injuries include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, 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.

HQ AFPC/DPPPR further states the applicant’s request for award of the PH was forwarded to the PHRB on 5 April 2006 and they determined his request did not have sufficient medical documentation for approval of the PH.

They further stated upon reviewing the applicant’s military record they verified his entitlement to the Air Force Outstanding Unit Award with Valor (AFOUA w/V), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) and his records will be administratively corrected to reflect those awards.

A complete copy of the Air Force evaluation is attached 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 28 April 2006, for review and response.  As of this date, no response has been received by this office.

On 7 May 2006, the applicant requested that his application be temporarily withdrawn (Exhibit E).

In a letter dated 18 may 1960 (sic), Mr. XXXXXXXXXXXXXXXXXX states he believes the applicant received a shrapnel injury to his nose in June or early July 1968 (Exhibit F).

On 24 May 2006, the Board staff informed the applicant that his case had been temporarily withdrawn per his 7 May 2006 request and to contact the Board in writing when he was ready to proceed with his application (Exhibit G).

On 21 July 2006, the Board staff in response to a congressional inquiry from Senator XXXXXXXX office informed them the applicant’s case had been temporarily withdrawn (Exhibit H).

On 4 August 2006, the applicant requested that his case be reopened (Exhibit I).

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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 error or injustice warranting awarding the applicant the Purple Heart medal.  After reviewing the documentation submitted, we believe, the applicant has provided sufficient evidence to support award of the Purple Heart.  The applicant provided with his request several statements from former servicemembers attesting to the incident at DaNang and the injuries he received in July 1968.  In view of the circumstances of this case, the Board believes any doubt in this matter should be resolved in the favor of the applicant.  Therefore, the Board recommends that he be awarded the Purple Heart.

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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 Medal for injuries sustained as a direct result of enemy action during a rocket attack on the flightline while 
assigned to the 390th Tactical Fighter Squadron, DaNang, Vietnam in July 1968.

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The following members of the Board this application in Executive Session on 14 September 2006, under the provisions of AFI 36‑2603:

All members voted to correct the records, as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2006-00236 was considered:

	Exhibit A.	DD Form 149, dated 19 Jan 06, w/atchs.
	Exhibit B.	Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, 13 Apr 06.
	Exhibit D.	Letter, SAF/MRBR, dated 28 Apr 06.
	Exhibit E.	Letter, Applicant, dated 7 May 06
	Exhibit F.	Letter, Mr. XXXXXXXXXX, dated 18 May 1960 (sic).
	Exhibit G.	Letter, AFBCMR, dated 24 May 06.
	Exhibit H.	Letter, Congressional Response dated 21 Jul 06, 
				w/atch
	Exhibit I.	Letter, Applicant, dated 4 Aug 06.

					 

AFBCMR BC-2006-00236

MEMORANDUM FOR THE CHIEF OF STAFF

	Having reviewed 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 APPLICANT be corrected to show that he was awarded the Purple Heart Medal for injuries sustained as a direct result of enemy action during a rocket attack on the flightline while assigned to the 390th Tactical Fighter Squadron, DaNang, Vietnam in July 1968.