RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-03436 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NOT INDICATED 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect award of the Purple Heart 
(PH) Medal. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was injured during a rocket attack while serving in Vietnam. 

 

In support of his appeal, the applicant provides copies of 
documents extracted from his military personnel records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s records reflect he served on active duty in the 
Air Force from 21 June 1971 through 26 September 1978. 

 

The applicant served in Vietnam from 21 June 1971 through 
19 October 1972. 

 

The Standard Form (SF) 93, Report of Medical History, submitted 
by the applicant reflects hip pin and knee pain 1971-1972, 
Vietnam. 

 

The PH is awarded for wounds or death as a direct 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. 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 bailout injuries, etc.). Indirect injuries do not meet 
the criteria for award of the PH. These include, but are not 
limited to, injuries received while seeking shelter from mortar 
or rocket attacks, aircraft bombings, grenades, and injuries 
incurred while serving as an aircrew member or in a passenger 
status as a result of the aircraft's evasive measures against 


hostile fire. In addition, it is necessary that the wound have 
required or received treatment by medical personnel. 

 

The applicant requested assistance in seeking award of the PH 
through his senatorial representative, and on 13 Feb 12, the 
Board staff prepared a proposed response through SAF/LLI 
(Exhibit E). 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial of the applicant's request for 
award of the PH noting there was no evidence located or submitted 
by the applicant to substantiate he sustained injuries as a 
result of direct enemy action. There was no official 
documentation found in the military records or provided by the 
applicant that show he was recommended for or awarded the PH. 
The applicant did not provide a detailed statement describing the 
circumstances concerning his injury and there was no date given 
for the injury. Also, the applicant did not provide any 
eyewitness statements. The applicant stated he was flung from 
the jeep as the driver had to make a hard left turn. If the 
driver believed he was driving to avoid being hit by rockets, 
this was an evasive action and not covered under the PH criteria. 
The applicant further stated his seat was not bolted down, this 
implies it was ejected from the jeep; therefore, this would be 
negligence and not the result of enemy action. 

 

The complete AFPC/DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 9 Dec 11, for review and comment within 30 days. As of this 
date, no response has been received by this office. 

 

_________________________________________________________________ 

 

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 an injustice. We took 
notice of the applicant's complete submission in judging the 
merits of the case; however, we agree with the opinion and the 
recommendation of the Air Force office of primary responsibility 


and adopt its rationale as the basis for our conclusion that the 
applicant has failed to sustain his burden of proof of the 
existence of an error or injustice. While we are not unmindful 
or unappreciative of the applicant’s service to the Nation, in 
the absence of evidence substantiating he was injured as a direct 
result of enemy action, we find no basis to recommend granting 
the relief sought in this application. 

 

_________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; 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-2011-03436 in Executive Session on 12 Apr 12, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 29 Aug 11, w/atchs. 

 Exhibit B. Applicant’s Master Military Personnel Records. 

 Exhibit C. Letter, HQ AFPC/DPSIDR, dated 23 Nov 11. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11. 

 Exhibit E. Letter, AFBCMR, dated 13 Feb 12, w/atchs. 

 

 

 

 

 

 Panel Chair