RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00022 RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00022 INDEX CODE: 107.00 XXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He sustained a foot injury as a direct result of a rocket attack at Bien Hoa Airfield, Vietnam on 2 February 1968. In support of his appeal, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and photographs. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served as an Administration Specialist and was progressively promoted to the grade of staff sergeant (E-5) with a date of rank of 1 March 1970. According to his Air Force Form 7, Airman Military Record, he served in Vietnam from 28 September 1967 to 24 September 1968. He was honorably released from active duty effective 15 April 1970 and transferred to the Air Force Reserve. He served 3 years, 9 months, and 19 days on active duty. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation from the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states that after a thorough review of the applicant’s record, no medical documentation was located or provided that verifies him being treated for injuries received on 2 February 1968. In addition, no eyewitness statements were provided to verify he was injured due to direct enemy action. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 June 2010 for review and response within 30 days (Exhibit D). 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; 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 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-2010-00022 in Executive Session on 15 September 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00022 was considered: Exhibit A. DD Form 149, dated 29 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 20 May 10. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10. XXXXXXXXXXXXXXXXX Panel Chair INDEX CODE: 107.00 XXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: He sustained a foot injury as a direct result of a rocket attack at Bien Hoa Airfield, Vietnam on 2 February 1968. In support of his appeal, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and photographs. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served as an Administration Specialist and was progressively promoted to the grade of staff sergeant (E-5) with a date of rank of 1 March 1970. According to his Air Force Form 7, Airman Military Record, he served in Vietnam from 28 September 1967 to 24 September 1968. He was honorably released from active duty effective 15 April 1970 and transferred to the Air Force Reserve. He served 3 years, 9 months, and 19 days on active duty. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the evaluation from the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states that after a thorough review of the applicant’s record, no medical documentation was located or provided that verifies him being treated for injuries received on 2 February 1968. In addition, no eyewitness statements were provided to verify he was injured due to direct enemy action. The complete DPSIDR evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 11 June 2010 for review and response within 30 days (Exhibit D). 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; 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 that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no 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 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-2010-00022 in Executive Session on 15 September 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00022 was considered: Exhibit A. DD Form 149, dated 29 Dec 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 20 May 10. Exhibit D. Letter, SAF/MRBR, dated 11 Jun 10. XXXXXXXXXXXXXXXXX Panel Chair