RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03942 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _______________________________________________________________ APPLICANT CONTENDS THAT: He should receive the PH medal under Executive Order 11016 for injuries he sustained in the Republic of Vietnam on 18 November 1964. He was injured by a Viet Cong bomb blast while working as a civilian technical advisor to the military and on temporary duty to Tan Son Nhut Air Base, Vietnam. He was taken to the base hospital; treated for scalp, arm, back, and leg lacerations; and released. In support of his application, the applicant submits personal statements, and copies of Executive Order 11016, correspondence in connection with his quest for the PH medal, photos, news articles, identification cards, a civilian performance letter, and military discharge documents. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 14 December 1959 to 13 December 1963. He was honorably released from active duty in the grade of airman first class (E- 4) with a total of 4 years of active military service. Subsequent to his release from active duty, the applicant became a technical representative for Fairchild Camera and Instrument and was assigned to Kadena Air Base, Japan. While assigned there, he went on temporary duty to Tan Son Nhut Air Base, Vietnam. According to copies of newspaper articles submitted by the applicant, he was injured while dining at a Civil Aviation Club mess, adjacent to the Tan Son Nhut Air Terminal, when a bomb exploded destroying the restaurant. On 26 March 2007, the applicant’s request for the PH was sent before the Purple Heart Review Board (PHRB). The PHRB denied the applicant’s request. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the PH medal. DPSIDR states to be awarded the PH, there must be documentation (detailed account, eyewitness statements, and medical documentation) to show the wounds received were a direct result of enemy action. There was no medical evidence found or submitted by the applicant. The DPSIDR evaluation is at Exhibit B. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: In response to the Air Force advisory opinion the applicant submitted a personal statement describing, in more detail, the events that took place on 18 November 1964. Under separate cover, a past co-worker submitted a character reference for the applicant. The applicant’s rebuttal, with attachments, is at Exhibit D. ________________________________________________________________ _ 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. After a thorough review of the available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal. The applicant did not provide any documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal. The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service. Nevertheless, in view of the above, 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 10 June 2008 under the provisions of AFI 36-2603: The following documentary evidence for AFBCMR Docket Number BC- 2007-03942 was considered: Exhibit A. DD Form 149, dated 30 Nov 07, w/atchs. Exhibit B. Letter, AFPC/DPSIDR, dated 1 Apr 08. Exhibit C. Letter, SAF/MRBR, dated 11 Apr 08. Exhibit D. Applicant’s Rebuttal, dated 15 Apr 08, w/atchs.