RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01271 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NOT INDICATED __________________________________________________________________ APPLICANT REQUESTS THAT: The Purple Heart (PH) be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. __________________________________________________________________ APPLICANT CONTENDS THAT: The PH is not listed on his DD Form 214. An Army Hospital in Saigon stated "The Purple Heart was earned but not awarded this facility." He was advised the paperwork would flow in three weeks but it never did. In support of his request, applicant provided copies of correspondence from the Department of Veterans Affairs, a Western Union Telegram, his AF Form 899, Permanent Change of Station- Military; a letter from Michigan Technological University, copies of a newspaper article, his DD Form 149, Application for Correction of Military Record and a photo of the PH medal. His complete submission, with attachments, is at Exhibit A. __________________________________________________________________ STATEMENT OF FACTS: Applicant's military personnel record reflects he served on active duty from 24 November 1964 through 19 May 1969. On 19 May 1969, he was released from active duty and transferred to the Air Force Reserve in the grade of staff sergeant after serving 4 years, 5 months and 26 days on active duty. On 15 April 2006, the applicant submitted his initial DD Form 149 requesting his DD Form 214 be amended to include the PH Medal. On 6 August 2006, the applicant requested his case be withdrawn to gather more information. On 21 August 2006, his case was administratively closed. On 25 April 2007, the applicant was notified six months had passed since his case was closed and after 30 days his case would be closed without prejudice. On 15 May 2007, the applicant acknowledged his case would be closed in 30 days and stated he was trying to locate other wounded airmen for statements in support of his request. On 4 March 2009, he submitted another DD Form 149 reopening his case. __________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial. DPPPR states the applicant provided a Western Union Telegram from the Chief, Casualty Division Headquarters stating on 17 November 1968, while standing with a group of Americans in Saigon, an unidentified person threw a grenade into their midst. As a result, he received grenade fragmentation wounds to his head and shoulder. After a review of the records, DPPPR states there is no special order provided or located in his record to support the award of the PH. The complete DPPPR evaluation is attached at Exhibit C. __________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 July 2006 for review and comment within 30 days. As of this date, this office has received no response (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In this respect, since the applicant is understandably unable to provide eyewitness accounts at this point; based on the evidence provided and having no reason to question his integrity in this matter, the Board Majority believes he has established reasonable doubt as to whether the injuries he claims he suffered during a grenade bombing in Saigon, qualify for award of the PH. The Board majority believes the benefit of the doubt in this matter should be resolved in his favor and that his records should be corrected accordingly. In view of the foregoing, the Board majority recommend that his records be corrected as indicated below. _______________________________________________________________ _ THE BOARD MAJORITY RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart for injuries he received in Saigon during the Vietnam War. __________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2006-01271 in Executive Session on 16 June 2009 and 24 June 2009, under the provisions of AFI 36-2603: The Board majority voted to correct the records as recommended. XXXXXXXXXX voted to deny the applicant's request but elected not to submit a minority report. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 24 March 2009, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPPPR, dated 10 May 2006. Exhibit D. Letter, SAF/MRBR, dated 14 July 2006.