RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-02812 INDEX CODE:	107.00
XXXXXXXXXXXXXXXX	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 for shrapnel injuries he sustained to his left foot after stepping on a land mine, on 16 September 1964, while serving in the Republic of Vietnam.

In support of his appeal, the applicant submits a letter from the Defense Finance and Accounting Service (DFAS) referencing his Concurrent Receipt and Disability Pay entitlements.

The applicant’s complete submission, with attachment, is at Exhibit A.

STATEMENT OF FACTS:
On 23 July 1965, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic (E-1). He was progressively promoted to the grade of technical sergeant with a date of rank of 1 February 1969. His military personnel records indicate he served in the Republic of Vietnam from 5 September 1964 to 4 September 1965. He was honorably released from active duty effective 31 July 1977 and retired in the grade of technical sergeant effective 1 August 1977.

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 that would support award of the PH Medal.

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 16 September 1964. He indicates the shrapnel was removed by a medic; however, there was no documentation completed because the medics had more important casualties to be concerned with compared to his foot injury.

The applicant’s rebuttal 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 applicant 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 14 January 2009 under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence for AFBCMR Docket Number BC- 2008-02812 was considered:

Exhibit A. DD Form 149, dated 10 Jul 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 23 Oct 08. Exhibit D.  Letter, SAF/MRBR, dated 7 Nov 08.
Exhibit E. Applicant’s Rebuttal, dated 16 Nov 08.