RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00891
				INDEX CODE:  107.00
				COUNSEL:  NONE

				HEARING DESIRED:  NOT INDICATED

MANDATORY CASE COMPLETION DATE:  23 SEP 08

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APPLICANT REQUESTS THAT:

1.  His records be corrected to reflect award of the Purple Heart (PH) medal.

2.  Various errors on his DD Form 214 be corrected.

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APPLICANT CONTENDS THAT:

On 3 Feb 68, while he was working on an aircraft, a rocket exploded close to him and he received a small piece of shrapnel in his left hand.

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 on 2 Jul 62 for a period of four years as an airman basic (AB).  He was discharged on 1 Jul 66 under the provision of AFR 39-10 with an (under honorable conditions) general discharge.  He served four years on active duty.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the requested relief be denied.  DPPPR states to be awarded the PH the individual must submit documentation, i.e., detailed account, eyewitness statement, and medical documentation, showing the wounds received were a direct result of enemy action.

After reviewing the applicant’s military personnel records DPPPR was unable to verify his entitlement to the PH and was unable to locate a special order or citation awarding him the PH.

DPPPR further states the applicant was forwarded a one time replacement set of medals earned during his military career and a DD Form 215 was issued updating all the applicant’s decorations. 

AFPC/DPPPR 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 13 Jul 07, for review and response within 30 days.  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 office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof that he should be awarded the PH.  The applicant’s records have been administratively corrected to reflect award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm.  With respect to the applicant’s contentions concerning administrative errors on his DD Form 214, the issue regarding his date of discharge from military service was considered and denied by a previous Board on 19 Jul 01 and he has provided no additional warranting reconsideration of that request.  He has also provided no additional evidence substantiating his remaining concerns.  Therefore, in the absence of evidence to the contrary, 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 2 Oct 07, under the provisions of AFI 36‑2603:

				Panel Chair
				Member
				Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-00891 was considered:

	Exhibit A.	DD Form 149, dated 27 Feb 07, w/atchs.
	Exhibit B.	Master Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, 25 Jun 07.
	Exhibit D.	Letter, SAF/MRBR, dated 13 Jul 07.

					
					Panel Chair