RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-02254
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should have been awarded the PH since he was wounded in Vietnam.

On 18 April 1965, he was performing his duties as a munitions specialist and loading 750 pound bombs and napalm on a vehicle when he noticed a Vietnamese Air Force truck coming down a forbidden back road of their ammunition dump.  He got out of his truck and ran downhill towards the other men to tell them something did not seem right, when there was a tremendous explosion and he felt a burning sensation in his chest.  Further investigation indicated the Viet Cong had dug a small tunnel out to the center of the road and placed a radio-controlled mine.  His truck was carrying 6,000 pounds of explosives which had detonated the mine and exploded the Vietnamese Ammunition Truck.

In support of the appeal, applicant submits his personal statement.

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

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STATEMENT OF FACTS:

The applicant contracted his enlistment in the Regular Air Force on 21 October 1963 for a period of four years.  He served in Vietnam from 5 April 1965 to 14 May 1965 (39 days).  He was honorably discharged on 23 December 1966.

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied and states, in part, that they could not find any support for award of the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 24 September 2004 for review and response within 30 days.  However, as of this date, this office has received no response.

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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.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy action and it is necessary the wound required or received treatment by medical personnel.  The applicant contends that on 18 April 1965, he was wounded by shrapnel from an unknown explosive device.  The applicant’s personal statement is noted; however, he has provided no official documentation to substantiate the explosion was the direct result of enemy action.  The personal sacrifice applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  Should the applicant provide evidence that he was injured as a direct result of enemy action, the Board will reconsider his request.  However,  in the absence of such evidence, we find no compelling basis to recommend granting the relief sought in this application.

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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.

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The following members of the Board considered Docket Number BC-2004-02254 in Executive Session on 2 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 8 Jul 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 17 Sep 04.
    Exhibit D.  Letter, SAF/MRBR, dated 24 Sep 04.