RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01119
		INDEX CODE:  107.00
		COUNSEL:  NONE
				
		HEARING DESIRED:  NO

MANDATORY COMPLETION DATE:  12 September 2007

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APPLICANT REQUESTS THAT:

His records be corrected to show he was awarded the Purple Heart (PH) medal.

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APPLICANT CONTENDS THAT:

There was an oversight and he should have been awarded the PH medal.  At this stage in his life it would help to have this matter settled.

In support of his application, the applicant submits copies of excerpts from his medical records and a copy of his DD 214. 

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

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STATEMENT OF FACTS:

The applicant entered active duty service on 27 July 1967.  He was honorably discharged and released from active duty in the grade of sergeant on 13 April 1972.  Applicant was credited with 4 years, 8 months and 18 days of active duty service to include 4 years, 2 months and 4 days of Foreign Service.

The applicant’s records indicate he was assigned to duties in Vietnam.  His service medical records document, among other things, treatment for a lacerated right forearm on 24 Dec 1968; however, it is not indicated as to how the injury occurred.  

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends denial. DPPPR explains, to be awarded the PH, a member must provide a detailed personal account, eyewitness statements and medical documentation to show the wound received treatment by medical personnel and occurred as a direct result of enemy action.  DPPPR states they were not able to verify if the applicant was injured due to direct enemy action or locate official documentation that verifies such.  In addition, the applicant has not provided corroborating, certified eyewitness statement(s).

The complete DPPPR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In his response dated 21 May 07, the applicant states his injuries were sustained when an explosion sent glass and other material his direction.  He was close enough to feel the heat from the round.  The people who assisted him and took him to the hospital were not in his immediate unit and he was not aware of who they were.  

The glass was from a vehicle or window.  Glass was not a common material on base and he was not installing windows during his tour.  He was asked if he wanted to receive the PH medal, but he said he was not sure because he did not want to worry his parents.

The applicant’s complete submission is at Exhibit E.

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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.  We took notice of the applicant’s contention that he should be awarded the Purple Heart for injuries sustained during his assignment in Vietnam.  After a thorough review of his submission we are not persuaded that he should be awarded the Purple Heart Medal.  There is no corroborating evidence, medical or otherwise, that the injuries he alleges he sustained were a direct result of enemy action.  In addition, the applicant did not provide supporting documentation from eyewitnesses or testimony from other former members of his unit who were with him at the time that can account for his injuries.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. 

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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 AFBCMR Docket Number BC-2007-01119 in Executive Session on 19 July 2008, under the provisions of AFI 36‑2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 2 Apr 07 w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPPR, dated 24 Apr 076.
     Exhibit D.  Letter, SAF/MRBR, dated 4 May 07.
     Exhibit E.  Letter, Applicant, dated 21 May 07.

                                  
                                  Panel Chair