RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 01-02468
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured when his own K-9 dog attacked him while on duty in Vietnam.
He further states that he received a back injury when he fell down a flight
of stairs during a bomb attack.
In support of his appeal, the applicant provided a personal statement and
other documentation.
The applicant’s complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 8 June 1967 for a period
of four (4) years.
The only medical entries pertinent to the dog bite and back pain are at
Exhibit B.
A narrative summary dated 27 October 1970 indicates that the applicant was
admitted to the hospital for an evaluation of a chronic low back pain
without history of trauma or significant injury or redicular symptoms. He
was noted to have a fusion at T8-T9 level. There was a history of low
backaches in the applicant’s family. The admission work-up was essentially
within normal limits throughout, except for the back, which revealed
diffuse tenderness at the upper and mid-lumbar level. A neuropsychiatric
opinion was obtained which felt that the applicant was actively
manipulating his medical condition for secondary gain. Their diagnosis was
anxiety reaction, passive dependent personality, and they recommended that
he be started on tranquilizers while in the hospital and further
psychological testing. Following this, the applicant seemed to improve.
He was discharged to duty on 24 November 1970.
Applicant was released from active duty on 7 June 1971, in the grade of
Sergeant with an honorable discharge, under the provisions of AFM 39-10
(Expiration of Term of Service). He served a total of 4 years, 2 months
and 24 days of total active military service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommended denial. They indicate that to be awarded the
Purple Heart (PH) a member must provide documentation to support he was
wounded as a direct result of enemy action and must have received medical
treatment by medical personnel. In this case, the medical documentation
provided reflects his injuries were not sustained as a result of enemy
action. His own K-9 dog attacked him, causing scars to his left calf.
Also, the applicant’s back injuries were caused by an accident when he fell
down a flight of stairs. These injuries are not a direct result of enemy
action.
There is no evidence in the applicant’s medical or personnel records, which
were provided, that he had been injured as a direct result of enemy action.
His injuries were the result of accidents and do not meet the criteria of
this prestigious award.
The evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and states that his back injury was
due to a fall down the stairs during a rocket attack in Vietnam. Someone
knocked him down as they were going to the bunkers. He states that a
doctor evaluated him approximately three months later. He believes the
fall is the cause for his total disability. He understands the K-9 attack
does not meet the requirements for award of the Purple Heart; however, the
back problem does meet the guidelines of enemy action.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 warranting award of the Purple
Heart Medal. We took notice of the applicant's complete submission in
judging the merits of the case; however, we agree with the opinion and
recommendation of the Air Force and adopt their rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice. According to the applicant’s medical records his injuries were
not sustained as a direct result of enemy action. In this respect, he was
attacked by his own K-9 dog, causing scars to his left calf. Further, his
back injuries were caused by an accident when he fell down a flight of
stairs and other than his own uncorroborated assertions, the applicant
presents no persuasive evidence that he was injured as a result of a rocket
attack. Therefore, in view of the foregoing, and in the absence of
persuasive evidence to the contrary, we 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 16 January 2002, under the provisions of AFI 36-2603:
Mr. Jackson A. Hauslein, Jr., Panel Chair
Ms. Marilyn Thomas, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 August 2001, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 16 November 2001.
Exhibit D. Letter, SAF/MRBR, dated 21 November 2001.
Exhibit E. Letter, Applicant, undated.
JACKSON A. HAUSLEIN, JR.
Panel Chair
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