RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-02625
				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 Air Force Commendation Medal (AFCM), Purple Heart (PH), Air Force Outstanding Unit Award (AFOUA), Air Force Good Conduct Medal (AFGCM), Republic of Vietnam Campaign Medal (RVNCM) and Vietnam Service awards.

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APPLICANT CONTENDS THAT:

He was injured in Vietnam and these awards and decorations are not listed on his Report of Separation.

In support of his appeal, applicant submitted a copy of a memorandum from the Veterans Memorial Museum.

Applicant's complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant served on active duty from 14 Jun 65 through 4 Apr 69.  He served at Phu Cat Air Base, Vietnam from April 1968 through April 1969.

On 25 Oct 07, AFPC/DPSIDR notified the applicant that his entitlement for the AFCM, AFGCM, RVNCM and Vietnam awards had been verified.  He was further informed that his entitlement to the AFOUA with Valor (AFOUA w/V), the Vietnam Service Medal with one Bronze Service Star (VSM w/1BSS) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) had been verified and his records would be updated to reflect these awards.  Therefore the only remaining issue before the Board is award of the PH.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends the requested relief be denied.  DPSIDR states to be awarded the PH the individual must provide a detailed personal account, certified eyewitness statements, and medical documentation, showing the wounds received treatment by medical personnel and were a direct result of enemy action.  After reviewing the applicant’s military personnel records DPSIDR was unable to locate evidence of award or entitlement to the PH.

The complete 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 the applicant on 9 Nov 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 documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.  As stated, the applicant’s records will be administratively corrected to reflect award of the AFCM, the AFGCM, the RVNCM, the AFOUA w/V, the VSM w/1BSS and the RVNGC w/P.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the additional 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 6 Feb 08, under the provisions of AFI 36‑2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-02625 was considered:

	Exhibit A.	DD Form 149, dated 13 Aug 07, w/atchs.
	Exhibit B.	Applicant’s Master Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSIDR, dated 26 Oct 07.
	Exhibit D.	Letter, SAF/MRBR, dated 9 Nov 07.