RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03472
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 on the night of 7-8 September 1968, at Bien Hoa AB
Vietnam, after being awakened by sirens, which indicated imminent
enemy rocket attack. He rapidly egressed his barracks and headed for
the assigned bunker. Due to wet grass and slippery conditions, he
fell into the bunker breaking the second and third toes on his left
foot. After the all-clear signal he reported to the dispensary. His
foot was placed in a splint, which he wore for several days.
Administrative personnel advised him that he should apply for the PH
Medal, but due to the confusion at the time and the fact that he left
Vietnam within two weeks he never completed the required action.
In support of his request, applicant submits a copy of his DD Form
214, Armed Forces of the United States, Report of Transfer or
Discharge, a copy of extracts from his Personnel Records, and a copy
of SF 600, Chronological Record of Medical Care.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s military personnel records reflect that the applicant
served on active duty from 26 May 1966 through 25 March 1970. His
enlisted performance reports for the period 26 May 1968 through 8
September 1968, indicated he was assigned to the 531st Tactical
Fighter Squadron, Bien Hoa AB, Vietnam. His report of separation
reflects award of the Republic of Vietnam, Vietnam Service Medal w/2
Bronze Service Starts, the Republic of Vietnam, Campaign Medal,
National Defense Service Medal, the Good Conduct Medal, and the Air
Force Commendation Medal.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended the applicant's request be denied. The
applicant’s medical records merely show that he stubbed the toes of
his left foot when entering a bunker. He did not submit additional
documentation to substantiate his claim that the injury to his toes
was received as a direct result of enemy actions. Because he didn’t
provide a detailed account of the circumstances regarding his injury
and any eyewitness statements, they are unable to verify his injury
was from enemy actions.
The DPPPR evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
12 Mar 04 for review and comment 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 error or injustice. After a thorough review of the
applicant’s submission and the available evidence of record, we are
not persuaded that he should be awarded the Purple Heart Medal. The
available documentation does not confirm the applicant was wounded and
received medical treatment for injuries sustained as a direct result
of enemy action. While we are not unmindful or unappreciative of the
applicant’s service to the nation, in the absence of evidence to
support that he was wounded as a result of enemy action, we agree with
the opinion of the Air Force and find no compelling basis to warrant
favorable consideration of this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of an 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 no considered with this
application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-
03472 in Executive Session on 27 April 2004, under the provisions of
AFI 36-2603:
Mr. James E. Short, Panel Chair
Ms. Deborah A. Erickson, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Jun 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 4 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
JAMES E. SHORT
Panel Chair
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