RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02398
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart.

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APPLICANT CONTENDS THAT:

He was wounded on either 8 Aug 69 or 9 Aug 69 at Cam Rahn Bay, Vietnam.  He was there on temporary duty (TDY).  His medical records do not reflect any treatment for his injury.  He does not remember if he was treated at an Army or Air Force hospital.

In support of his appeal, the applicant provided copies of his Airman Performance Report (APR) closing 7 Feb 70 and a PACAF Form 100, Hostile Fire Pay Certification.

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

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STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 13 Jul 56 for a period of four (4) years in the grade of airman basic.

By Special Order AC-025443, dated 3 Sep 76, he was relieved from active duty and retired, effective 1 Jan 77, in the grade of master sergeant (MSgt).  He was credited with 20 years and 14 days of active service.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force.

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AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial noting that 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.  Indirect injuries do not meet Purple Heart 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. 

AFPC/DPSIDR indicated the applicant's APR closing 7 Feb 70 contained a statement that he was wounded and spent only three (3) hours at the hospital; no dates were included in the report.  Also, no medical documentation was found in his medical records indicating treatment in a field hospital for injuries sustained as a direct result of enemy action.  The applicant did not provide a personalized or an eyewitness statement stating how he incurred the injury or where he was injured.

A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 5 Oct 07 for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit D).

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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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  A review of the available evidence reveals that while serving as a flight line controller at a Forward Operating Location (FOL) in Vietnam, the applicant sustained an injury that required treatment at a hospital.  There is not sufficient evidence that his wounds were the direct result of enemy action.  However, in view of the above, and the documentation provided by the applicant indicating he was certified to receive hostile fire pay, we believe any doubt regarding his entitlement to the Purple Heart should be resolved in his favor.  Therefore, we recommend the applicant’s records be corrected as set forth below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 8 Aug 69, he was awarded the Purple Heart for injuries he received in action against an enemy of the United States in Cam Rahn Bay, Vietnam.

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The following members of the Board considered AFBCMR Docket Number BC-2007-02398 in Executive Session on 6 Nov 07, under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 23 Jul 07, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPSIDR, dated 10 Sep 07.
     Exhibit D.  Letter, SAF/MRBR, dated 5 Oct 07.