RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2006-00917
				INDEX CODE:  107.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  30 SEPTEMBER 2007

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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 due to his service related injury and disability.

While serving in Vietnam in April 1966, he was hauling ammunition and his truck encountered sniper fire and road side bomb traps.  He was blown from the truck and sustained head and ear injuries.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 10 June 1965, as an airman basic (AB) for a period of four years.

His records reflect he was awarded the Vietnam Service Medal (VSM) with two Bronze Service Stars (BSS), National Defense Service Medal (NDSM), Republic of Vietnam Campaign Medal (RVCM).

On 9 December 1968, the applicant was honorably discharged in the grade of airman first class (A1C).  He served three years and six months of active duty service.

The applicant stated in a Compensation and Pension Exam Report from the Department of Veterans Affairs (DVA) that he was blown out of a truck.  However, no documentation was located in the applicant’s records to substantiate the incident.

The applicant is currently receiving a 40 percent disability rating from the DVA for service connected disability for diabetes.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied.  They state after reviewing the applicant’s official military record they were unable to verify the applicant’s entitlement to the PH.  

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 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.

AFPC/DPPPR further states no medical documentation was located in the applicant’s official military record to substantiate he received medical treatment.  The applicant has not provided an eyewitness account from an individual with first hand knowledge of the incident that occurred in April 1966.

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 and counsel on 2 June 2006, for review and response.  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 an error or an injustice.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.  Furthermor, the applicant has not provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement acknowledging the incident.  Unfortunately, indirect injuries, such as 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 while an aircraft was trying to evade hostile fire, do not meet the criteria for award of the PH.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence substantiating the servicemember was injured as a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in 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 this application in Executive Session on 14 September 2006, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2006-00917 was considered:

	Exhibit A.	DD Form 149, dated 23 Mar 06.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, 24 May 06.
	Exhibit D.	Letter, SAF/MRBR, dated 2 Jun 06.