SECOND ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-1990-00446
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Purple Heart (PH) for injuries he received on 26
December 1969.
2. The certificate and citation to accompany award of the Distinguished
Flying Cross (DFC) awarded for extraordinary achievement during the period
19 August 1969 to 3 July 1970, be corrected to reflect that it was awarded
for extraordinary achievement on 26 December 1969.
3. He be considered for promotion to the grade of major three years
below the zone by a Special Selection Board (SSB).
_________________________________________________________________
STATEMENT OF FACTS:
On 27 June 1990, the Board considered the applicant’s request that he be
awarded the PH, and that his record, to include the DFC awarded for
extraordinary achievement during the period 19 August 1969 to 3 July 1970,
be considered for promotion to the grade of colonel by an SSB for the
Calendar Years 1987 and 1989 (CY87 & CY89) Central Colonel Boards. The
Board found insufficient evidence of an error or injustice to warrant
awarding the PH and denied this portion of the application; however, the
Board found sufficient evidence to warrant SSB consideration, with the DFC
included as a matter of record. For an accounting of the facts and
circumstances surrounding the application, and the rationale of the earlier
decision by the Board, see the Record of Proceedings at Exhibit J.
On 1 February 1993, the applicant retired in the grade of lieutenant
colonel, with 29 years, 4 months, and 21 days of active service.
Based on additional evidence submitted by the applicant, on 19 April 1993,
the Board reconsidered his requests. The Board found insufficient evidence
of an error or injustice and denied his requests. For an accounting of the
facts and circumstances surrounding the application, and the rationale of
the earlier decision by the Board, see the Addendum to Record of
Proceedings at Exhibit N.
In an application, dated 10 May 2001, the applicant requested
reconsideration and provided additional documentation (Exhibit O). In a
letter, dated 22 June 2001, he was advised that his request did not meet
the criteria for reconsideration by the Board (Exhibit P).
In a letter, dated 11 February 2004, the applicant requests reconsideration
of his application. In support of his request, he submits a 2003
Department of Veterans Affairs (DVA) rating decision awarding him an 80%
rating and medical records from the Jewish Hospital at Louisville,
Kentucky, that performed surgery on his wrist to correct the injury he
incurred on 26 December 1969. The applicant’s complete submission, with
attachments, is at Exhibit Q.
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 addition, it is necessary that the
wound have required or received treatment by medical personnel. Indirect
injuries do not meet the criteria for award of the PH.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice.
a. After thoroughly reviewing the evidence of record and noting the
applicant’s contentions, we are not persuaded that he has been the victim
of an error or injustice to warrant correcting his record with respect to
the Distinguished Flying Cross (DFC). In this respect, we note that other
than the Department of Veterans Affairs (DVA) 30 September 2003 rating
decision, he has provided no new evidence. After reviewing the DVA
documentation, we find nothing to persuade us that the citation for the
contested DFC should be changed. Should the applicant provide statements
from other individuals on the 26 December 1969 mission, or copies of
citations showing that DFCs were awarded to other members involved in the
mission in question, we would be willing to reconsider his request.
However, based on the evidence presented, we do not believe he has met his
burden of establishing that his records are in error in this respect.
b. Concerning his request for award of the PH, a majority of the
Board notes the personal sacrifice the applicant endured for his country
and our recommendation in no way diminishes the high regard we have for his
service; however, we find that his injury was the result of the aircraft’s
evasive maneuver to avoid enemy anti-aircraft fire, rather than the direct
result of enemy action. Therefore, a majority of the Board finds
insufficient documentary evidence has been presented to warrant awarding
him the PH.
_________________________________________________________________
RECOMMENDATION OF THE BOARD:
The applicant be notified that the additional evidence presented did not
demonstrate the existence of material error or injustice warranting a
change to the citation for the Distinguished Flying Cross (DFC).
A majority of the Board finds insufficient evidence of error or injustice
to warrant awarding the Purple Heart (PH) and recommends this portion of
the application be denied.
_________________________________________________________________
The following members of the Board considered Docket Number BC-1990-00446
in Executive Session on 25 February 2004, under the provisions of AFI 36-
2603:
Mr. Charles E. Bennett, Panel Chair
Ms. Martha Maust, Member
Mr. John B. Hennessey, Member
All members recommended denial of the request pertaining to the DFC. By
majority vote, the Board recommended denial of applicant’s request for
award of the Purple Heart (PH). Ms. Maust voted to award the applicant the
PH and has submitted a minority report which is attached at Exhibit R. The
following documentary evidence was considered:
Exhibit J. Record of Proceedings, dated 16 Jul 90, w/atchs.
Exhibit K. Letter, Applicant, dated 20 Nov 92, w/atchs.
Exhibit L. Record of Proceedings, dated 4 Dec 91, w/atchs.
Exhibit M. Record of Proceedings, dated 8 Oct 92, w/atchs.
Exhibit N. Addendum to Record of Proceedings,
dated 13 May 93, w/atchs.
Exhibit O. DD Form 149, dated 10 May 01, w/atchs.
Exhibit P. Letter, AFBCMR, dated 22 Jun 01.
Exhibit Q. Letter, Applicant, dated 11 Feb 04, w/atchs.
CHARLES E. BENNETT
Panel Chair
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF
MILITARY RECORDS
FROM: SAF/MRB
SUBJECT: APPLICANT, AFBCMR Docket Number BC-1990-00446
I have carefully considered all the circumstances of this case and do
not agree with the Board’s denial of the applicant’s request concerning the
Distinguished Flying Cross (DFC) and the recommendation of the majority of
the panel that his request for award of the Purple Heart (PH) should be
denied.
As indicated by the minority member of the panel, the only issue
before this Board concerning the PH is whether the applicant’s injury was
caused as a direct result of enemy action. Based on a totality of the
evidence presented, I believe his injury, incurred on 26 December 1969,
when his aircraft made a strong evasive move to avoid a heavy pattern of
exploding anti-aircraft fire during a combat mission over a heavily
defended airstrip in Northern Laos, was the direct result of enemy action.
An eyewitness statement from a retired senior Air Force official
unequivocally states the applicant’s wound was caused by the enemy’s heavy-
fire during the mission. Furthermore, his former commander states the
injury was received through direct exposure to enemy anti-aircraft fire.
In view of these statements and since there is medical documentation
substantiating he received medical treatment for his wound, I find the
applicant has met his burden of establishing that he meets the criteria for
the PH.
With regard to the DFC, the applicant’s MAJCOM had an established
policy in effect at the time that a DFC would be awarded upon the
completion of a tour of duty and the DFC citation would reference a
specific mission during the tour of duty. This is further evidenced in the
narrative comments of the end of tour (EOT) DFC citations awarded to other
members of his MAJCOM. As indicated in the applicant’s EOT DFC
recommendation package, he was recommended for the DFC for extraordinary
achievement on 25 (sic) December 1969. In view of this policy and since
the DFC citation in his records does not reference a specific mission, I
find that a material error exists in the records. I also recognize that
his MAJCOM had a policy whereby a DFC would be awarded for extraordinary
achievement during one mission if aerial reconnaissance information of
enemy capabilities was obtained. As indicated in the applicant’s
recommendation package, the aerial reconnaissance information he obtained
during the 26 December 1969 combat mission was used to brief his MAJCOM and
numbered Air Force commanders.
In view of the above and noting the applicant was the only Air Force
combat photographer to fly into North Vietnam, I have, therefore, decided
that relief is warranted and direct that he be awarded the PH and his
records corrected to show that he was awarded the DFC for extraordinary
achievement on 26 December 1969. I also direct his corrected record be
considered by Special Selection Board for the Calendar Years 1987 and 1989
Central Colonel Selection Boards. However, I find no basis to direct his
promotion consideration for the Fiscal Years 1974 and 1975 major boards, as
it appears he was not nominated for below-the-promotion zone consideration
by these boards.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
AFBCMR BC-1990-00446
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that:
a. He was awarded the Purple Heart (PH) for injuries he
received in action against an enemy of the United States in a F-105G
aircraft during a mission over Northern Laos, on 26 December 1969.
b. He was awarded the Distinguished Flying Cross (DFC)
for extraordinary achievement on 26 December 1969, rather than during the
period 19 August 1969 to 3 July 1970.
c. The attached DFC citation awarded for extraordinary
achievement on 26 December 1969, be, and hereby is, accepted for file in
his officer selection record.
It is further directed that his corrected records be considered for
promotion to the grade of colonel by Special Selection Board for the
Calendar Years 1987 and 1989 Central Colonel Selection Boards.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Attachment:
DFC citation
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR
CORRECTION OF MILITARY RECORDS (AFBCMR)
SUBJECT: APPLICANT, DOCKET NO: BC-1990-00446
The Board has considered this case and all members find the evidence
of record does not support the applicant’s requested relief concerning the
Distinguished Flying Cross. In regards to the Purple Heart (PH), the
majority of the Board finds insufficient evidence to warrant awarding him
this award. However, based on a totality of the evidence of record, I
believe this portion of his request should be favorably considered.
It is uncontested that during a 26 December 1969 combat mission, the
applicant was injured when his aircraft made a strong evasive move to avoid
a heavy pattern of exploding anti-aircraft fire and he was slammed against
the side of the cockpit of an F-105G due to the strong G-forces.
Therefore, the only issue before this Board is whether his injury, caused
by the aircraft’s strong evasive move, qualifies him for the PH. The
applicant provides an eyewitness statement from a retired senior Air Force
official who unequivocally states his wound was caused by the enemy’s heavy-
fire during the mission. In addition, his former commander states the
injury was received through direct exposure to enemy anti-aircraft fire.
Medical documentation indicates that his wound received medical treatment
and in 1973, required surgical removal of a ganglion cystic mass that had
formed at the sight of the wound. The Board previously addressed this
issue in 1993 and was not persuaded that his injury was the direct result
of enemy action.
In view of the events of 11 September 2001 and noting the Board’s
recent decisions in similar cases regarding award of the PH, I believe the
applicant should be awarded the PH. By making this determination, this
case will be forwarded to the deciding official, who, in similar cases, has
determined the interest of justice can best be served by awarding the PH.
MARTHA MAUST
Panel Member
AF | BCMR | CY2003 | BC-2002-04079
_________________________________________________________________ THE APPLICANT CONTENDS THAT: He should receive the PH for a wound he received as a direct result of enemy action on 25 March 1945. He did not refer to any medical treatment he might have received or provide any documentation showing that he did received any medical treatment for leg injuries incurred on 25 March 1943. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent...
AF | BCMR | CY2004 | bc-2003-03616
Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...
AF | BCMR | CY2005 | BC-2005-02073
The SAFPC evaluation is at Exhibit F. ________________________________________________________________ APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: Counsel states, among other things, that but for the applicant’s actions on 5 June 1944, the mission’s command pilot would have been in severe shock and unconscious in a matter of minutes and incapable of the aircraft flight maneuvers for which he was later awarded the Medal of Honor. Based on the established 8th Air Force policy of...
AF | BCMR | CY2005 | BC-2005-01651
________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the applicant’s request for issuance of the PH, DFC and BSM to her late husband be denied, and states, in part, that no official documentation has been provided to show the member was recommended for, or awarded the DFC, BSM, and PH. RITA S. LOONEY Panel Chair MEMORANDUM FOR THE EXECUTIVE DIRECTOR, AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS (AFBCMR) SUBJECT: XXXXXXXXX,...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 01-01253 INDEX CODE 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) and the Distinguished Flying Cross (DFC). When he returned to base, he was told that all four of the aircraft’s gun barrels had burned out as a result of the continuous firing, rather than the required...
_________________________________________________________________ AIR FORCE EVALUATION: The Recognition Programs Branch, AFPC/DPPPR, reviewed this application and indicated that to be awarded the Purple Heart Medal, a member must provide documentation to support he was wounded as a direct result of enemy action. Accordingly, we recommend that the applicant’s records be corrected to reflect award of the DFC. We note the applicant’s request that his records be corrected to reflect award of...
AF | BCMR | CY2011 | BC-2011-00575
Additionally, the DFC specifically states a crash landing was made without injury to personnel. DPSIDR states the Purple Heart Review Board (PHRB) disapproved the applicants request on 8 April 2011, and provided the following comments: Disapproved no evidence provided to show that injury resulted as a direct result of enemy action. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2010 | BC-2010-03822
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03822 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the following: 1. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicants request for award of the DFC and PH. DPSIDR states the...
AF | BCMR | CY2007 | BC-2006-03619
In support of his application, the applicant submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, an eyewitness statement, his personal statement, a historical account of the mission, and a Board of Veterans’ Appeal Order. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was...
AF | BCMR | CY2002 | BC-2002-03684
_________________________________________________________________ AIR FORCE EVALUATIONS: AFPC/DPWCM recommends the applicant’s request for award of the POW Medal be denied. On 22 October 1944, he provided the information that immediately after being shot down, he was picked up by partisans, evading capture by the enemy. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded he should be awarded the PH, DFC, and POW Medal.