RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02317
INDEX CODE: 107.00
COUNSEL: VFW
HEARING DESIRED: Yes
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH) for injuries he sustained in Vietnam.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 4 March 1971, he was injured while serving in Vietnam. He never
received medical treatment therefore it was never documented. A
friend encouraged him to apply for the PH. He and the guys he served
with felt that the wounds were part of the job.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Air Force from 21
January 1970 - 18 January 1974. He served as a Security Policeman.
His DD Form 214 reflects he was awarded the National Defense Service
Medal, Vietnam Service Medal and the Air Force Good Conduct Medal.
The applicant submitted a request for award of the PH to the Purple
Heart Review Board (PHRB). The PHRB denied his request on 29 May
2001, on the basis that the documentation submitted did not meet the
criteria for award of the PH.
A DD Form 215 was issued on 20 August 2003 to correct the applicant’s
DD Form 214 by adding the following awards: two Bronze Service Stars
to the Vietnam Service Medal, the Air Force Outstanding Unit Award
with Valor, the Republic of Vietnam
Gallantry Cross with Palm and the Republic of Vietnam Campaign Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR states the applicant has not provided sufficient
documentation or information to show that he was injured or wounded as
a direct result of enemy action or that his injury received medical
treatment. Therefore, based on the evidence provided DPPPR recommends
the applicant’s request for award of the PH be denied.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the Air Force evaluation and states it was not
uncommon to be on your security post and not see another security
member until you were being relieved from your post for the duty day.
He did not seek medical attention after the attack because he was
taught that protecting the resource was above all else.
He believes the doctor made an error when he annotated his records
showing he complained about having headaches for two years. He only
had headaches about 2 months after the attack and has not had any
since time.
He is requesting this award because he was wounded on 4 March 1971 as
the result of direct enemy action.
He is proud of his service to his country and would not request
something that he is not entitled to receive (Exhibit E).
The applicant’s counsel reviewed the case file on 10 October 2003, and
did not provide a response (Exhibit F).
_________________________________________________________________
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 error or injustice. We took note of the
documentation the applicant provided in support of his request;
however, this information does not substantiate the applicant had an
injury that met the criteria for award of the PH. The witness
statement only attests to the fact that the applicant has a blood
stained and torn shirt and had blood stains and scrapes on his arm and
head. It appears the witness relied on the applicant for the details
of what happened, rather than being an eyewitness to what caused the
injury. Furthermore, there is no evidence in the applicant’s records
indicating he was injured or received medical treatment for injuries
incurred as a result of direct enemy action. While we are not
unmindful or unappreciative of the applicant’s service to his Nation,
in the absence of evidence substantiating the applicant was injured as
a direct result of enemy action, 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 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 AFBCMR Docket Number BC-
2003-02317 in Executive Session on 4 November 2003, under the
provisions of AFI 36-2603:
Ms. Charlene Bradley, Panel Chair
Ms. Cheryl Jacobson, Member
Ms. Patricia D. Vestal, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 2 Jul 03, w/atchs.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 20 Aug 03.
Exhibit D. Letter, SAF/MRBR, dated 22 Aug 03.
Exhibit E. Applicant’s Response, undated.
Exhibit F. Letter, Applicant’s Counsel, dated 10 Oct 03.
CHARLENE BRADLEY
Panel Chair
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