RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 03-03708
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
On 21 July 1971, he was shot by another Air Force person in the right upper
arm while on duty as a Security Policeman at Phan Rang Air Base, Vietnam.
He feels he was shot in the line of duty due to hostile action. As he sees
it, he was a victim of an armed criminal who was the enemy.
Applicant submits no supporting documentation. Applicant’s complete
submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 October 1990, the applicant was relieved from active duty and was
retired in the grade of master sergeant effective 1 November 1990.
Applicant was credited with 20 years, 5 months and 23 days of total service
for basic pay and 20 years and 9 days of active service for retirement.
His separation document (13 January 1975) for the period in question
reflects he was awarded the National Defense Service Medal, Air Force Good
Conduct Medal, Air Force Expeditionary Medal (Korea) and the Air Force
Longevity Service Award.
Applicant’s medical records show that on 21 July 1971, an entry was made
documenting a “gun shot wound, shot at close range with a small caliber
hand gun.” Subsequent medical entries reflect normal healing of the wound.
Based on the medical records provided by the Department of Veterans Affairs
(DVA), the residuals of a gunshot wound, right upper arm were established
by the DVA as directly related to military service and was evaluated at 30
percent disabling.
On 8 January 2004, the Awards and Decorations Section, advised the
applicant that his records showed he is not eligible for award of the
Purple Heart because the injuries he received were not the result of enemy
action.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. DPPPR states that there
is medical documentation pertaining to the injury received; however, there
is no evidence in the record showing the injury was the result of enemy
action. Based on the information provided, DPPPR opines that the applicant
does not meet the PH criteria.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 16 April 2004 for review and response. 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. The applicant contends that he should be
awarded the Purple Heart for a gunshot wound he sustained while on duty as
a Security Policeman at Phan Rang Air Base, Vietnam. However, he has
provided no evidence to indicate that the injury he sustained was the
direct result of enemy action. After a review of his personnel and medical
records, to include a September 1997 Veterans Administration Rating which
indicates service-connected disability for his gunshot wound, the evidence
does not persuade us that he should be awarded the Purple Heart Medal. In
the absence of evidence indicating that the applicant sustained an injury
that met the criteria for award of the Purple Heart Medal, we agree with
the opinion and assessment of the Air Force office of primary
responsibility concerning the applicant’s request for the Purple Heart
Medal. While we appreciate the applicant’s service to his country, in view
of the above and absent persuasive evidence
showing his records are in error or unjust, the applicant’s request is not
favorably considered.
_________________________________________________________________
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 AFBCMR
Docket Number 03-03708 in Executive Session on 8 June 2004, under the
provisions of AFI 36-2603:
Mr. Roscoe Hinton, Jr, Panel Chair
Mr. Garry G. Sauner, Member
Mr. Grover L. Dunn, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 29 Oct 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 12 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Apr 04.
ROSCOE HINTON JR.
Panel Chair
AF | BCMR | CY2004 | bc-2003-02825
DPPPR states that there is no medical documentation showing that the applicant received any wounds or injuries and he did not provide any. His case was denied by the PH Review Board on 22 Oct 03 because of the lack of clear-cut information and documentation showing he was wounded by the enemy and received medical treatment for a wound. Through his Congressman, applicant requested additional time to provide a response to the Air Force evaluation.
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He was awarded the Purple Heart (PH) on 8 April 1945, for wounds received in the ETO on 24 March 1945. The AFPC/DPPPR evaluation is at Exhibit D. _________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATION: A complete copy of the Air Force evaluation was forwarded to the applicant on 19 March 2004 for review and response. The applicant was awarded the PH on 8 April 1945, for wounds he received during a forced aircraft bail out on 24 March 1945.
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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.). _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that although the applicant’s retirement orders indicate that his disability was the direct result of a combat related injury, his injuries were caused by an...
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