RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 99-01173
INDEX CODE: 107.00
APPLICANT COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
He was injured in Vietnam while on a combat mission. His aircraft
received hits, which caused a load to break loose hitting him, causing a
ruptured appendix
In support of his application, he provided a copy of his separation
documents and page 2 of a SF 93, Report of Medical History, completed in
connection with his 9 November 1977 physical examination (see Exhibit A).
STATEMENT OF FACTS:
The applicant is a former enlisted member of the Regular Air Force who
was honorably discharged in the grade of staff sergeant (E-5) on 13
August 1970. He was credited with 12 years, 1 month and 12 days of total
active military service, of which 11 months and 22 days was foreign
and/or Southeast Asia service.
The relevant facts pertaining to this application 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 Chief, Awards and Decorations Section, Recognition Programs Branch,
AFPC/DPPPR, reviewed his request and recommends denial. DPPPR stated
that the PH is awarded for wounds received as a direct result of enemy
action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds,
forced aircraft bailout injuries, etc). DPPPR indicated that the
applicant must provide documentation to support the injury was as a
direct result of enemy action. Indirect injuries include, but are not
limited to, injuries received while seeking shelter from mortar or rocket
attacks, aircraft accidents, grenades, disease and exposure.
Because there is no evidence in the applicant's records that indicate he
had been injured as a direct result of enemy action, DPPPR recommends the
application be denied (see Exhibit C).
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 21 Jan 00 for review and response within 30 days. As of
this date, this office has received no response.
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. We took notice of the
applicant's complete submission in judging the merits of the case;
however, after thorough review of the applicant's submission and his
medical records, we found that there was no evidence provided that
supported his contention that his aircraft was hit causing the load to
break loose, which led to the rupture of his appendix. Therefore, in the
absence of evidence to the contrary, we agree with the opinion of the Air
Force and find no compelling basis to recommend granting the relief
sought in this application.
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 13 Jul 00, under the provisions of AFI 36-2603:
Ms. Charlene M. Bradley, Panel Chair
Ms. Marcia Jane Bachman, Member
Mr. Steven A. Shaw, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Apr 99, W/Atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 13 Apr 00.
Exhibit D. Letter, SAF/MIBR, dated 28 Apr 00.
CHARLENE M. BRADLEY
Panel Chair
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