RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2007-01204
								INDEX CODE:  100.00
	XXXXXXXXXX					COUNSEL:  NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

1.	The Article 15 imposed on 1 June 1970, be expunged from his records.

2.	He be entitled to the Purple Heart (PH).

3.	His 1968-1969 service as a dog handler in Air Force Specialty Code (AFSC) 81150A be reflected in his records. 

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APPLICANT CONTENDS THAT:

He was intimidated by a senior noncommissioned officer and his “Gestapo Tactic,” and would now like to clear his name.  Although he has not seen the Article 15 in his record, he knows he was punished.

He is entitled to the PH for a shrapnel wound to his right forearm incurred in Vietnam during an enemy mortar attack.  Although his wound was slight, it was treated by an Army Medic, who told him he would receive the PH and the paperwork would be forthcoming.  However, the documentation never made it into his records.

He received On-the-Job-Training (OJT) as a dog handler, AFSC 81550A, in Vietnam.

In support of his appeal, applicant submits his personal statement, a copy of his DD Form 214, Certificate of Release or Discharge from the Armed Forces, extracts from his military and Department of Veterans Affairs (DVA) records, and a copy a death certificate pertaining to the 1970 stillborn death of his daughter.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 6 April 1967, for a period of four years. He was progressively promoted to the grade of airman first class (E-3). During the period from 8 July 1968 to 23 July 1969; he was assigned to the 633rd Combat Support Group, Pleiku AB, Vietnam, as a Security Policeman and an Apprentice Air Operations Specialist.  A Letter of Evaluation (LOE) covering the period from 16 October 1968 through 4 January 1969, states, “He was only recently assigned to the Sentry Dog Section and had not had any formal dog handler’s training.  He maintained his dog and walked his post as directed but showed little initiative.”

On 30 January 1970, his daughter was stillborn at the USAF Regional Hospital, Eglin AFB, Florida.

On 20 May 1970, the applicant’s supervisor recommended he receive nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) for violating Article 86.  Specifically, on or about, 18 May 1970, without authority, he failed to go at the time prescribed to his appointed place of duty.  He did not demand trial by court-martial, nor did he submit matters to the commander for consideration.  On 1 June 1970, the commander imposed nonjudicial punishment consisting of two hours of extra duty for a period of 14 days, i.e., 1 Jun 70 - 14 Jun 70.  He did not appeal the punishment.

He underwent a separation physical on 15 October 1970, and was found qualified for general military service (separation).  The Report of Medical Examination completed in conjunction with the physical indicated that while in Vietnam, he was treated for four episodes of Gonorrhea and a urinary tract infection.  However, there is no reference to an injury sustained during a mortar attack.

On 26 October 1970, he was released from active duty and transferred to the Air Force Reserve (AFRes).  He was honorably discharge from the AFRes on 15 January 1973 

Applicant’s records have been administratively corrected to reflect his entitlement to the Air Force Outstanding Unit Award, with Valor device (AFOUA, w/V), Air Force Good Conduct Medal (AFGCM), Republic of Vietnam Gallantry Cross, with Palm (RVNGC, w/P), and 1 year and 8 months of service in AFSC 27130, Apprentice Air Operations Specialist and 1 year and 10 months of service in AFSC 81150, Security Policeman.

In accordance with AFM 900-3, during the period in question, the Purple Heart (PH) was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force.  For the purpose of considering award of the PH, a wound was defined as an injury to any part of the body from an outside force or agent.  A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force action.

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AIR FORCE EVALUATION:

AFLOA/JAJM recommends the application be denied as untimely.  Should the Board waive the applicant’s failure to timely file, relief should be denied on its merit.  There is no indication the commander acted arbitrary/capriciously or the applicant was denied any rights to which entitled.  Congress (and the Secretary via AFI 51-202) has designated only two officials with the responsibility for determining the appropriateness of an otherwise lawful punishment: the commander and the appeal authority.  So long as they are lawfully acting within the scope of their authority granted them by law, their judgment should not be disturbed because others might disagree.  Commanders on the scene have first-hand access to facts and a unique appreciation for the needs of morale and discipline in their commander that even the best-intentioned higher headquarters cannot match.

The AFLOS/JAJM evaluation is at Exhibit C.

AFPC/DPSIDC does not support changing the applicant’s records to indicate he was awarded an “A” suffix to AFSC 81150, denoting sentry dog qualified.  Although the applicant served in AFSC 81150 from April 1967 to February 1969, at which time it was withdrawn, he was awarded AFSC 27010, Aerospace Operations Control Helper.  In March 1970, this AFSC was withdrawn and he was subsequently awarded AFSC 27130, Apprentice Air Operations Specialists, which he served in until his 26 October 1970 separation.  Therefore, his records have been administratively corrected to reflect 1 year and 8 months of service in AFSC 27130, Apprentice Air Operations Specialist and 1 year and 10 months of service in AFSC 81150, Security Policeman.

The AFPC/DPSIDC evaluation is at Exhibit D.

AFPC/DPSIDR recommends denial of the request for the PH.  To be awarded the PH, a member must provide documentation to support he or she was wounded as a direct result of enemy action and the wounds must have received medical treatment by medical personnel.  They were unable to locate documentation, i.e., special order, in his medical and military records to indicate that he was awarded the PH.  There are no entries in his medical records indicating treatment of injuries as a result of enemy action.

The AFPC/DPSIDR evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

In December 1968, he was returning from the NCO Club at “Mike Forces” Camp, Fifth Special Forces, Pleiku AB, when he was hit in the right arm between his elbow and wrist, by a ½ inch piece of shrapnel which imbedded.  After the attack, his wound received medical attention by an Army Medic.  His wound was caused by enemy fire and not while he was seeking shelter.  He did not seek shelter until after he was hit.

Applicant’s complete response, with attachments, is at Exhibit G.

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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 note the applicant’s records have been administratively corrected to reflect his entitlement to the AFOUA, with Valor device, the RVNGC, w/Palm, and the AFGCM; and, his completion of 1 year and 8 months of service in AFSC 27130, Apprentice Air Operations Specialist and 1 year and 10 months of service in AFSC 81150, Security Policeman.  We took notice of the applicant’s complete submission in judging the merits of the remainder of his requests; however, we agree with the opinions and recommendations of the Air Force offices 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.  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 considered Docket Number BC-2007-01204 in Executive Session on 21 February 2008, under the provisions of AFI 36-2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 9 Apr 07, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFLOA/JAJM, dated 20 Jul 07.
	Exhibit D.  Memorandum, AFPC/DPSIDC, dated 23 Aug 07.
	Exhibit E.  Memorandum, AFPC/DPSIDR, dated 11 Sep 07.
	Exhibit F.  Letter, SAF/MRBR, dated 16 Nov 07.
	Exhibit G.  Letter, Applicant, dated 19 Dec 07, w/atchs.

                                   XXXXXXXXXX
                                   Panel Chair