RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-03480
INDEX CODE: 107.00
COUNSEL: Disabled American
Veterans
HEARING DESIRED: NO
_________________________________________________________________
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 10 January 1969, while stationed in Vietnam he was injured during a
mortar attack. He received severe back and neck injuries. Two other
airmen received the PH for this incident.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 13 April
1967 as an airman basic for a period of four years.
The medical narrative dated 17 April 1974, states the applicant in
January 1969, was injured in a mortar attack in Southeast Asia. He
reported that he had some low back pain before the accident and that
there was no significant increase in pain immediately following the
accident. About one year later, he began to develop low back pain
which radiated into the lateral aspect of the right thigh. He had no
numbness or weakness. In January 1973, he was thoroughly evaluated by
Orthopedic Services with negative results. X-rays showed
lumbarization of S-1 and some degenerative changes L4-L5. Throughout
the remaining years of his military career, the applicant was
medically treated for complaints of low back pain.
The applicant’s records reflect he was awarded the Air Force
Commendation Medal with one Oak Leaf Cluster (AFCM w/1OLC),
Meritorious Service Medal (MSM), Air Force Achievement Medal (AFAM),
Air Force Good Conduct Medal (AFGM) with one Silver OLC, NCO
Professional Military Education Ribbon, Air Force Longevity Service
Ribbon with four OLCs, National Defense Service Medal (NDSM), Air
Force Overseas Long Tour Ribbon with one OLC, Air Force Overseas Short
Tour Ribbon; Air Force Training Ribbon, Vietnam Service Medal with one
Silver OLC, Republic of Vietnam Gallantry Cross with Palm, Republic of
Vietnam Campaign Medal, Air Force Outstanding Unit Award with two
OLCs, and Air Force Presidential Unit Citation.
The applicant was honorably retired on 31 October 1987 in the grade of
master sergeant. He served 20 years, 6 months and 18 days of active
service.
On 20 January 2004, the Air Force office of primary responsibility
requested the applicant provide a more detailed account of the
circumstances regarding the injuries he received in Vietnam on 10
January 1969. The applicant did not respond.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR states the PH is awarded for injuries or wounds incurred as
a direct result of enemy action; specific details must be provided, as
well as documentation showing the wound or injury received medical
treatment by medical personnel. There is no documentation in the
applicant’s records to indicate that the injury he sustained was a
direct result of enemy action. They further state they requested the
applicant provide a detailed account of incident regarding his injury.
He did not respond. Based on the documentation and evidence
provided, DPPPR recommends denial of applicant’s request.
A complete copy of the evaluation, with attachments, is attached at
Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 March 2004, 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 error or injustice. We took note of the
documentation the applicant provided in support of his request for
award of the PH. However, we are not persuaded this information
substantiates the servicemember had an injury that met the criteria
for award of the PH. The applicant was requested to provide a
detailed account regarding his injury, proof his injury required or
received medical treatment and any eyewitness statements. He did not
respond. While we are not unmindful or unappreciative of the
servicemember’s service to his Nation, in the absence of evidence
substantiating the servicemember was injured as a direct result of
enemy action and received medical treatment for the injuries, 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-
2003-03480 in Executive Session on 21 April 2004, under the provisions
of AFI 36-2603:
Mr. Thomas S. Markiewicz, Chair
Mr. Frederick R. Beaman III, Member
Mr. Vance E. Lineberger, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, 15 Oct 03, w/atchs.
Exhibit B. Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR dated 10 Mar 04.
Exhibit D. Letter, SAF/MRBR, dated 12 Mar 04.
THOMAS S. MARKIEWICZ
Chair
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