RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-01936
		INDEX CODE:  107.00
		COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He received wounds in Vietnam when he dove to avoid a rocket attack.  

In support of his request, applicant provided a document extracted from his medical record.

His complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant served on active duty in the Regular Air Force for 4 years, 1 month and 19 days and received an honorable discharge in the grade of sergeant (E-4) with severance pay.

SF Form 502 (Clinical Record) reflects that he was initially injured on 13 May 1969 at Phan Rang AB when he tripped coming down some steps.  He was admitted to the medical treatment center from 15 May 1969 to 25 May 1969.  The applicant met a Physical Evaluation Board (PEB) which found him unfit for duty.  His unfitness was aggravated as a direct result of an armed conflict.
He was discharged on 6 July 1971 with a diagnosis of low back strain rated at ten percent.  He re-injured his back on 7 June 1969 by diving to avoid a rocket attack.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSIDR recommends denial.  DPSIDR states that the applicant re-injured his back diving to avoid a rocket attack.  Under PH criteria this is considered an indirect injury.  The complete DPSIDR 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 1 August 2008 for review and comment within 30 days.  As of this date, this office has received no response.

_________________________________________________________________

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.  We took notice of the applicant's complete submission in judging the merits of the case, including the Department of Veterans Affairs (DVA) rating decision for his back injury and a medical evaluation letter signed by the president of the PEB, which documents that in May 1969 the applicant took a misstep and fell 30 feet; and subsequently in June 1969, he re-injured his back while diving to avoid a rocket attack.  Consequently, we are not persuaded that his injury meets the criteria for the Purple Heart (PH).  Therefore, in the absence of evidence that he was injured as a direct result of enemy action, we find no compelling basis to recommend granting 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-2008-01936 in Executive Session on 11 September 2008, under the provisions of AFI 36-2603:

	XXXXXXXXXX, Chair
	XXXXXXXXXX, Member
	XXXXXXXXXX, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 19 May 2008, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSIDR, 23 July 2008.
    Exhibit D.  Letter, SAF/MRBR, dated 1 August 2008.

                                   XXXXXXXXXX