RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER:	BC-2008-03058
INDEX CODE:	107.00
XXXXXXX	COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge be amended to show he was awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:
His left knee was injured during a mortar attack in Vietnam.	He was awarded the PH during commander’s call.

In	support	of	his	request,	applicant	provides	a	personal statement and a copy of his DD Form 214.

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

STATEMENT OF FACTS:
Applicant’s military personnel records reflect that he enlisted in the Regular Air Force (RegAF) on 7 September 1966 and served with the 632nd Combat Support Group (CSG), Binh Thuy, Vietnam from 13 February 1968 to 6 February 1969.

Effective 4 September 1970, he was discharged from the RegAF in the grade of sergeant after serving 3 years, 11 months and 28 days on active duty.

The PH is awarded for wounds or death as a result of an act of any opposing Armed Force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force.

AIR FORCE EVALUATION:
AFPC/DPSIDR makes no recommendation. DPSIDR states in order to present a case to the Purple Heart Review Board (PHRB) a veteran must provide a detailed personal account of the circumstances

surrounding the injury to include specifics as to how the injury occurred, exact date of the injury, unit of assignment and the rank held at the time of injury. Also (if possible) a certified eyewitness account of an individual who saw him injured and can attest to the circumstances surrounding his personal account of how he received the injury. Finally, medical documentation substantiating medical treatment was received; if this is not available then a statement from the military or civilian medical officer stating an examination revealed an injury that would or should have received medical treatment. Statements not substantiated by either medical or official records are not acceptable as sufficient evidence of wounds.

The complete DPSIDR evaluation, with attachments, is at Exhibit B.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 21 August 2009 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C).

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. After a thorough review of the available evidence of record, we are not persuaded the applicant should be awarded the PH Medal. There was no evidence presented, which would lead us to believe that he was medically treated for any wounds incurred as a direct result of enemy fire. Should supporting documentation be secured or a notarized account from an individual who eye witnessed his injuries be obtained, we would be willing to reconsider this application. Otherwise, without persuasive evidence he was wounded as a direct result of enemy action, we find no compelling basis to recommend favorable consideration of this application.

THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate the existence of a an 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 no considered with this application.

The following members of the Board considered Docket Number BC- 2008-03058 in Executive Session on 29 September 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 July 2008, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 11 August 2009, w/atchs. Exhibit C. Letter, SAF/MRBR, dated 21 August 2009.

Panel Chair