RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:		DOCKET NUMBER:  BC-2006-01087
		INDEX CODE:  107.00
						COUNSEL:  NONE

						HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 12 Oct 07
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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.
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APPLICANT CONTENDS THAT:

While on guard duty in August 1968 at the Petroleum Depot in Vietnam, he received shell fragment injuries in both arms from a rocket attack.

In support of his request, the applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty and his Department of Veterans Affairs Office (DVA) rating decision.

The 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 13 January 1967 through 31 January 1981. His Enlisted Performance Reports for the period 2 December 1967 through 5 February 1969, reveal he was assigned to the 633rd Combat Support Group in Vietnam. There is no documentation in the applicant’s master personnel records that reflects he sustained injuries while in Vietnam.  Effective 1 February 1981, he retired in the grade of master sergeant having served 20 years and 18 days of active duty.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the request be denied.  DPPPR states that after review of the applicant’s record, they are unable to verify his entitlement to the PH based on the fact he did not provide an eyewitness statement nor were they able to locate official medical documentation to verify his injuries.  Therefore, his request does not meet the criteria for award of the PH Medal.  

The complete DPPPR 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 12 May 06 for review and comment within 30 days. As of this date, this office has received no response (Exhibit D).
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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 injustice.  After a thorough review of the available evidence of record, we are not persuaded that the applicant should be awarded the PH Medal.  There was no evidence presented, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire.  Should supporting documentation be secured or a notarized account from an individual who eye witnessed his injuries be obtained, we would be willing to reconsider this application.  Otherwise, without persuasive evidence he was wounded as a direct result of enemy action, we find no compelling basis to warrant favorable consideration of this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of a 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 no considered with this application.

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The following members of the Board considered Docket Number BC-2006-01087 in Executive Session on 18 Jul 2006, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 6 Apr 06, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 4 May 06
	Exhibit D.	Letter, SAF/MRBR, dated 12 May 06.

	

DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

 

Office of the Assistant Secretary

AFBCMR
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Dear 

	Reference your application, AFBCMR Docket Number BC-2006-01087, submitted under the provisions of AFI 36-2603 (Section 1552, 10 USC).

	After careful consideration of your application and the former member’s available military records, the Board determined that the evidence you presented did not demonstrate the existence of probable material error or injustice.  Accordingly, the Board denied your application.

	You have the right to submit newly discovered relevant evidence for consideration by the Board.  In the absence of such additional evidence, a further review of your application is not possible.

	BY DIRECTION OF THE PANEL CHAIR