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
_________________________________________________________________ STATEMENT OF FACTS: Applicant entered active duty on 15 Aug 66. A) provided a statement to the DVA; however, he does not mention any enemy-action injury to the applicant. 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.
AF | BCMR | CY2005 | BC-2005-01918
Medical records pertaining to the applicant’s DVA claim indicate he reported he had sustained a posterior left shoulder injury when he jumped out a cockpit of a grounded fighter during a rocket attack when stationed at Bien Hoa AB in Jun 68. A member must provide documentation to support the injury was a direct result of enemy action and required or received medical treatment by medical personnel. A complete copy of the evaluation is at Exhibit...
AF | BCMR | CY2012 | BC-2011-04989
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2011-04989 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force...
AF | BCMR | CY2006 | BC-2005-01918A
According to a 14 Jun 68 medical entry by the dispensary at Bien Hoa AB, Republic of Vietnam (RVN), his back left shoulder area was sutured for a laceration. In addition, the fact that the applicant is being compensated by the DVA at 10% for the injury does not inherently establish it was directly caused by the enemy, only that it was service connected. _________________________________________________________________ The following members of the Board considered this application...
AF | BCMR | CY2011 | BC-2011-04001
The applicants record states he received medical treatment in Jun 70 for a back injury he experienced at Bien Hoa Air Base, Vietnam, while working on a construction project. After thoroughly reviewing the evidence of record and noting the applicants contentions, we find no evidence which would lead us to believe the applicants injuries were a direct result of enemy action as required for award of the PH. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2004 | BC-2004-00921
Applicant’s complete submission, with attachments, is at Exhibit A. 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 this respect, we note the PH is awarded for wounds received as a direct result of enemy actions and it is necessary the wound required or received treatment by medical personnel.
AF | BCMR | CY2013 | BC 2013 02379 2
The Board determined that the evidence provided by the applicant was insufficient to conclude that he was the victim of an error or injustice, noting that although he provided recent medical documentation indicating a shrapnel injury to his knee, the applicant had not provided any evidence showing the injury was the direct result of the action of an enemy. While the original Record of Proceedings (ROP) erroneously identified the applicants injury as a knee injury, rather than a pelvic...
AF | BCMR | CY2012 | BC-2012-03374
Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. Furthermore, a review of his medical record reveals the applicant received medical treatment in 1970 for injuries he sustained due to a rocket attack in Bien Hoa AB, Vietnam. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the...
AF | BCMR | CY2006 | BC-2005-01465
The Purple Heart Review Board (PHRB) considered and denied applicant’s request for the PH on 1 November 2005. Applicant’s personal statement is noted; however, after thoroughly reviewing the evidence of record, to include his service medical records, we find no corroborative evidence to establish that he was treated for wounds received as a direct result of enemy action during a rocket attack on 28 February 1968. ________________________________________________________________ The...
AF | BCMR | CY2007 | BC-2007-01395
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01395 INDEX CODE: 107.00 COUNSEL: DAV HEARING DESIRED: YES MANDATORY CASE COMPLETION DATE: 3 NOVEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect credit for a TDY to Vietnam in 1966. There are no documents in his records that support his claim that he was TDY to Vietnam. In applicant’s...