RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03212 INDEX CODE: 107.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: His records be corrected to show the award of the Purple Heart Medal. _______________________________________________________________ APPLICANT CONTENDS THAT: He was severely injured by an explosion while serving in Vietnam at Cam Rahn Bay. In support of his application, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 26 December 1967, the applicant enlisted in the Regular Air Force at the age of 20 and was progressively promoted to the rank of sergeant (E-4) with a date of rank of 1 January 1970. On 1 December 1971, the applicant was honorably released from active duty for convenience of the government and transferred to the Air Force Reserve. According to his DD Form 214, the applicant received the Vietnam Service Medal, National Defense Service Medal, Small Arms Expert Marksmanship Ribbon, Air Force Good Conduct Medal, and Air Force Expeditionary Medal. ________________________________________________________________ _ 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. Because all attempts to obtain military personnel records relating to the applicant’s military service were unsuccessful and since he was unable to furnish any documents verifying his entitlement to award of the Purple Heart Medal, we are unable to act on his request since to do so could possibly create an entitlement which in reality never existed. Accordingly, in view of the above and in absence of evidence to the contrary, we find no basis to favorably consider this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered this application in Executive Session on 29 July 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03212: Exhibit A. DD Form 149, dated 18 Sep 07, w/atch. Exhibit B. Letter, SAF/MRBR, dated 25 Jan 08.