RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-03458
				INDEX CODE:  107.00
				COUNSEL:  NONE
				HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

His records be corrected to reflect award of the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

His back was injured during a bomb dump explosion in Vietnam.

In support of his appeal, applicant submitted documents extracted from his military personnel records and correspondence associated with his request for congressional inquiry into this matter.

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

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STATEMENT OF FACTS:

The applicant’s records reflect he served on active duty from 2 Apr 58 through 28 Feb 79.  He was honorably retired on 1 Mar 79.

AFPC/DPSIDR notified the applicant that his records will be updated to reflect the award of the Air Force Outstanding Unit Award with Valor and two Oak Leaf Clusters, the Vietnam Service Medal with four Bronze Service Stars, the Air Force Good Conduct Medal with one Silver Oak Leaf Cluster, the Air Force Longevity Service Award with four Oak Leaf Clusters, the NCO Professional Military Education Ribbon and the Republic of Vietnam Gallantry Cross with Palm.

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AIR FORCE EVALUATION:

HQ AFPC/DPSIDR recommends the requested relief be denied.  DPSIDR states no documentation was located to verify he was wounded as a direct result of enemy action.  The Veterans Administration reported after an exam that he gave a history of having incurred a laceration of the back secondary to a bomb blast in October 1968.  His service records showed that he was stationed in Bien Hoa Air Base Vietnam.  His records in Vietnam do not disclose any complaint of, treatment for, or a diagnosis of a back or left shoulder condition.

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 1 Feb 08, 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 he has failed to sustain his burden of proof that he should be awarded the PH.  The documentation provided and his military records do not substantiate he incurred an injury that meets the criteria for award of the PH.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the additional relief sought in this application.

4.	The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

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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 8 Apr 08, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, dated 1 Oct 07, w/atchs.
	Exhibit B.	Applicant’s Master Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPSIDR, dated 14 Dec 07.
	Exhibit D.	Letter, SAF/MRBR, dated 1 Feb 08.