RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 00-02925
INDEX NUMBER: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal for injuries sustained as a
result of combat service.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded at Da Nang Air Base (AB), Vietnam in 1968 and was sent
to the hospital. Applicant states he was not aware that he could have
applied for the Purple Heart medal. Additionally, applicant states he
was in the Air Force when he was wounded and that he was stationed at
Da Nang AB, from 1967 to 1968 (Exhibit A).
_________________________________________________________________
STATEMENT OF FACTS:
Prior to enlisting in the Regular Air Force on 12 January 1954, the
applicant had prior service in the Army and Navy. An AF Form 7
(Airman Military Record) reflects that the applicant served as a
receipt and dispatch clerk at DaNang AB, Republic of Vietnam, from 24
October 1967 to 31 May 1968.
A Physical Evaluation Board (PEB) summary statement, dated 1 May 1970,
indicates that on or about 29 January 1968, while stationed at Da Nang
AB, Republic of Vietnam, applicant sustained a fracture of the left
proximal tibia into the joint when he fell down a flight of 25 steps
in the barracks during an enemy rocket attack on the flightline about
300 feet from the barracks. For various reasons the applicant did not
receive medical treatment until three months later. The PEB found the
applicant’s unfitness was the result of an injury received in the line
of duty and as a direct result of armed conflict.
On 30 June 1970, the Purple Heart Review Board (PHRB) considered and
denied the applicant’s request for award of the Purple Heart. They
determined that the available evidence was not conclusive proof that
the applicant received injuries which met the criteria for award of
the Purple Heart.
Applicant’s records reflect that he was awarded the National Defense
Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service
Medal (with two Bronze Service Stars (BSS)), Air Force Good Conduct
Medal, the Small Arms Expert Marksmanship Ribbon and the Air Force
Outstanding Unit Award (with one oak leaf cluster).
Effective 1 August 1970, the applicant was retired for physical
disability, with a compensable disability rating of 20 percent. He
was credited with 20 years, and 22 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The Recognition Programs Branch, HQ AFPC/DPPPRA, reviewed this
application and recommended denial. The Purple Heart medal is awarded
to personnel for wounds received as a direct result of enemy action
and must have received medical treatment by medical personnel.
Indirect injuries include but are not limited to, disease, exposure,
injuries received while seeking shelter from mortar or rocket attacks,
aircraft bombings, grenades, and injuries incurred while serving as an
aircraft member or in a passenger status as a result of the aircraft’s
evasive measures against hostile fire.
They further state applicant’s request was considered and denied by
the Purple Heart Review Board in 1970 on the basis of not meeting the
basic criteria of the award. Additionally, their recommendation of
denial is based on the lack of evidence in the applicant’s medical or
personnel records provided that he had been injured as a direct result
of enemy action. They opined that the applicant’s injuries were
incurred upon falling and do not meet the criteria of this prestigious
award.
A complete copy of the evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 15 December 2000, a copy of the Air Force evaluation was forwarded
to the applicant for review and response 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. The applicant’s
contentions are duly noted; however, we do not find his contentions,
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 of having 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 10 April 2001, under the provisions of AFI 36-
2603:
Ms. Peggy E. Gordon, Panel Chair
Mr. Philip Sheuerman, Member
Mr. Michael V. Barbino, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 Oct 00, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 30 Nov 00.
Exhibit D. Letter, AFBCMR, dated 15 Dec 00.
PEGGY E. GORDON
Panel Chair
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