RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-00756 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) and the Meritorious Service Medal (MSM).

APPLICANT CONTENDS THAT:
He was told he had earned the PH due to injuries he received from a rocket attack in Vietnam. In addition, the award of the MSM was not reflected on his DD Form 214.

In support of his application, the applicant provides copies of the MSM citation, special order GA-34 and medical records.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force as an airman basic on 26 August 1958. On 30 June 1986, he was honorably retired in the grade of master sergeant. He served 20 years and
23 days of total active duty.
On 8 May 2008, AFPC/DPSIDR corrected the applicant’s records to reflect entitlement to the Meritorious Service Medal and the Korean Defense Service Medal.

AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial of his request for the PH and states that there is no documentation to show the wound he received was a direct result of enemy action. Medical records submitted by the applicant states he was treated on 26 January 1969, but they were unable to verify the treatment was from injuries received as a direct result of enemy action.

AFPC/DPSIDR’s complete evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 23 May 2008, for review and response. As of this date, no response has been received by this office.

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 injustice with regard to award of the Purple Heart. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice with regard to award of the Purple Heart. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting that part of the relief sought in 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 AFBCMR Docket Number BC-2008-00756 in Executive Session on 17 July 2008, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-00756:

Exhibit A.	DD Form 149, dated 22 Feb 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records.
Exhibit C.	Letter, AFPC/DPSIDR, dated 6 May 08, w/atchs. Exhibit D.	Letter, SAF/MRBR, dated 23 May 08.