RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02283
		INDEX CODE:  107.00
		COUNSEL:

	 	HEARING DESIRED:  YES

MANDATORY CASE COMPLETION DATE:  23 JAN 2009

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal, The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the Air Service Medal.

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APPLICANT CONTENDS THAT:

He was informed by a medic that he would receive the PH.  On 29 Jun 07, he received a copy of his military personnel records and noticed these aforementioned previously authorized medals had been deleted.

In support of his request, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, DD Form 215, Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and excerpts from his military and medical personnel records.

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 17 Mar 65 to 15 Nov 68, with an overseas tour at Takhli Air Base, Thailand from Sep 66 to Aug 67.  He served a total of 3 years, 8 months and 23 days of total active duty service.

His report of separation reflects award of the National Defense Service Medal, the Vietnam Service Medal w/1 Bronze Service Star, and the Republic of Vietnam Campaign Medal.

On 2 September 1971, his records were corrected to reflect award of the Air Force Good Conduct Medal.  His rank, pay grade and date of rank were also corrected.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial.  DPPPR states in part, to be awarded the PH, a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.

After a thorough review of the applicant’s medical and military records they were unable to locate medical documentation of treatment in a field hospital of injuries sustained as a direct result of enemy action.  The medical documentation the applicant provided did not meet the criteria to substantiate injuries received were a result of enemy of action.  Applicant was notified of the criteria for award of the PH.  

A review of his record determined the squadron in which he was assigned was not awarded the RVNGC w/P during his assignment with the unit.  Also, the Air Service Medal is not a Department of Defense (DoD) award and he may be requesting the Air Medal (AM).  After researching his military records, no special order, or recommendation for the AM were found. 

The 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 14 Sep 07, for review and comment 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 error or injustice that would indicate applicant is entitled to the requested medals.  We took notice of his complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that he sustained injuries, incurred as a direct result of enemy fire, which meet the stringent requirements for award of the Purple Heart.  The Board also notes the evidence of record does not show he is eligible for the other requested medals.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  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 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-2007-02283 in Executive Session on 25 October 2007, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 7 Jul 07, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFPC/DPPPR, dated 21 Aug 07.
	Exhibit D.	Letter, SAF/MRBR, dated 14 Sep 07.