RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 97-03684
INDEX CODE 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for an injury sustained in
Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The injury was received due to enemy action while he was on duty in
Vietnam. According to SF Form 180, Request Pertaining to Military
Records, applicant stated he was wounded by shrapnel during a rocket
attack on or about 4 Jun 66.
In support, he provides a statement from a chiropractor who opines
that a metal artifact in applicant’s back revealed by x-ray could be a
fragment of a military variety. Another individual indicates in his
statement that he and the applicant were stationed together at Bien
Hoa, South Vietnam, from 1968-1969. He cannot remember the exact date,
but believes sometime in June 1968 applicant was hit in the lower back
during a rocket attack.
Applicant’s complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered active duty on 15 Aug 66. According to his
performance reports, he was assigned as an aircraft mechanic to the
12th Special Operations Squadron at Bien Hoa Air Base, Vietnam from 12
Jan 68-23 Feb 69. He was honorably released from active duty in the
grade of sergeant on 14 Aug 70 and transferred to the Air Force
Reserves.
His separation physical and his available medical military records do
not reflect any injury sustained as a direct result of enemy action.
Medical records provided by the Department of Veterans Affairs (DVA)
indicate he had had surgery for hernia, gallbladder, and spine and has
had various physical and emotional problems. The individual who
provided the supporting statement (Ex. A) provided a statement to the
DVA; however, he does not mention any enemy-action injury to the
applicant. As of 11 Feb 98, applicant has a DVA rating of 50% for
service-connected generalized anxiety. “Fragment wound to back” is
included in a list of nonservice-connected conditions.
The remaining relevant facts pertaining to this application, extracted
from the applicant's military records, are contained in the letter
prepared by the appropriate office of the Air Force. Accordingly,
there is no need to recite these facts in this Record of Proceedings.
_________________________________________________________________
AIR FORCE EVALUATION:
The NCOIC, PH Review Board reviewed this appeal and states that there
is no indication of a back injury as the applicant claims directly
resulted from his military service. DVA medical documents reflect only
information reported by the member and reflect no conclusive evidence
of fragments to the back. On 11 Mar 97, his case was forwarded to the
PH Review Board where it was determined that his medical documentation
did not support his claim of injury. Denial is recommended. Therefore
denial is recommended.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 13 Jul 98 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 probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that he should be awarded the PH. Applicant’s contentions
are duly noted; however, we do not find these assertions, in and by
themselves, sufficiently persuasive to override the rationale provided
by the Air Force. We therefore agree with the recommendations of the
Air Force and adopt the rationale expressed as the basis for our
decision that the applicant has failed to sustain his burden that he
has suffered either an error or an injustice. In view of the above and
absent persuasive evidence to the contrary, we find no compelling
basis to recommend granting the relief sought.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable 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.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 11 February 1999 under the provisions of AFI 36-
2603:
Ms. Patricia J. Zarodkiewicz, Panel Chair
Mr. William H. Anderson, Member
Mr. Joseph R. Roj, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 1 Dec 97, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPRA, dated 26 Jun 98.
Exhibit D. Letter, AFBCMR, dated 13 Jul 98.
PATRICIA J. ZARODKIEWICZ
Panel Chair
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