RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-00812
INDEX CODE:  107.00 
	XXXXXXXXXXXXXXXXXX			COUNSEL: NONE

								HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 September 2008

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APPLICANT REQUESTS THAT: 

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He should receive the PH for injuries of multiple cuts, scratches, and abrasions on his arms, legs and face caused when he tried to return inside the perimeter fence through concertina wire to take cover from hostile automatic weapon fire.

In support of his application, the applicant submits an Air Force Form 1059, Explosive Ordnance Disposal Report, and his citation to accompany the award of the Bronze Star.  

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

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STATEMENT OF FACTS:

On 11 January 1952, the applicant enlisted in the Regular Air Force at the age of 19.  He was progressively promoted to the grade of senior master sergeant (E-8) effective and with a date of rank of 1 September 1974.  

According to the Explosive Ordnance Disposal Report, provided by the applicant, he received multiple scratches on 26 January 1969 while retreating through concertina wire when he came under automatic weapons fire while stationed at Phan Rang Air Base, Vietnam.  

On 31 January 1978, the applicant was honorably discharged from active duty for the purpose of retirement.  He served 26 years and 20 days on active duty of which 9 months were foreign Service.  

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for the PH medal.  DPPPR states the applicant does not meet the criteria for award of the PH.  To be awarded the PH medal, a member must provide documentation to support he was wounded as a direct result of enemy action.  Indirect injuries do not meet PH criteria.  Indirect injuries include but are not limited to diseases; exposure; injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades; and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.  The applicant’s injuries occurred while seeking shelter by going through concertina wire causing his injuries, which are indirect injuries.  The Explosive Ordnance Disposal Report submitted by the applicant indicates in item 9 that no injuries received were from explosives.

DPPPR states no official documentation was submitted or located in the applicant’s records to verify he was injured due to enemy action to be eligible for the PH.  

The DPPPR evaluation is at Exhibit C.  

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 May 2007, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days.  As of this date, this office has received no response.  

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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.  After a thorough review of the available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal.  The applicant did not provide any documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal.  The personal sacrifice the applicant endured for his country is noted and the recommendation 

to deny the requested relief in no way diminishes the high regard we have for his service.  Nevertheless, in view of the above, we find no basis to favorably consider 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 considered this application in Executive Session on 19 July 2007, under the provisions of AFI 36‑2603:

			XXXXXXXXXX, Chair
			XXXXXXXXXX, Member
			XXXXXXXXXX, Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-00812:

	Exhibit A.  DD Form 149, dated 12 Mar 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPPPR, dated 31 May 07.
	Exhibit D.  Letter, SAF/MRBR, dated 8 Jun 07.

						XXXXXXXXXX
									Panel Chair