Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-00027
Original file (BC-2004-00027.doc) Auto-classification: Denied



                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00027
            INDEX CODE:  107.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

Applicant is the son of the former service member who is requesting
his father be awarded the Purple  Heart  (PH)  medal  for  injuries
sustained during the Vietnam Conflict.

___________________________________________________________________

APPLICANT CONTENDS THAT:

No contentions were presented in the applicant’s behalf.

In support of the appeal, applicant provided a copy of his father’s
DD Form 214, Report of Separation from Active Duty,  dated  31  Jan
76; a copy of  the  citation  and  certificate  for  award  of  the
Airman’s Medal  and  the  citation  for  award  of  the  Air  Force
Commendation Medal; and a copy of  the  deceased  service  member’s
death certificate.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The former member retired from the Air Force  effective  1 Feb  76.
He was progressively promoted to the grade  of  technical  sergeant
(TSgt/E-6), with an effective date and date of rank (DOR) of 1  Aug
74.  He was credited with 20  years  and  9  days  of  active  duty
service.

The former  member  was  awarded  the  Airman’s  Medal,  Air  Force
Commendation Medal, Republic of Vietnam  Campaign  Medal,  National
Defense Service Medal, Vietnam Service  Medal,  Small  Arms  Expert
Marksmanship Ribbon, Air Force Longevity Service Award, with  3 oak
leaf clusters (OLCs), Good Conduct Medal, with a Bronze Clasp and 2
Loops, Air Force Good Conduct Medal, with 3 OLCs, and the Air Force
Outstanding Unit Award.

The records reflect he was awarded the Airman’s Medal  for  heroism
while stationed in the Republic of Vietnam involving voluntary risk
of life on 16 Mar 70.

The former service member died on 5 Apr 03.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR reviewed this  application  and  recommended  denial.
They indicated the Purple  Heart  Medal  is  awarded  for  injuries
suffered as a direct result of enemy action and must have  received
medical  treatment  by  medical  personnel.    They   advised   the
applicant’s son that he needed to provide documentation to show his
father’s wounds or injuries were received  as  a  result  of  enemy
action, but he did not respond.  The medical  records  reflect  the
former member received treatment on 16 Mar 70 for a cut  knee  that
he sustained while working around an aircraft “accident” and do not
indicate enemy action.  Since it appears the former member received
injuries as a result of an aircraft accident, he  is  not  eligible
for the Purple Heart.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 23 Apr 04 for review and comment within 30  days.   As  of  this
date, no response has been received by this office (Exhibit D).

___________________________________________________________________

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 evidence of record and  the  complete  submission  in
behalf of the former service member, the Board  was  not  convinced
that the injuries he received met the criteria  for  award  of  the
Purple Heart (PH) Medal.  The PH  medal  is  awarded  for  injuries
suffered as a direct result of enemy action.  The available records
reflect the former service member’s injuries were  sustained  while
working around an aircraft accident.  Therefore, we agree with  the
opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt their  rationale  as  the  basis  for  our
conclusion that the applicant has not been the victim of  an  error
or injustice.  Hence, in the absence of evidence to  the  contrary,
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-2004-00027 in Executive Session  on  10  June  2004,  under  the
provisions of AFI 36-2603:

      Ms. Brenda L. Romine, Panel Chair
      Ms. Debra A. Erickson, Member
      Mr. Christopher D. Carey, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 29 Dec 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPPR, dated 21 Apr 04, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Apr 04.




                                   BRENDA L. ROMINE
                                   Panel Chair



Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-00188

    Original file (BC-2004-00188.DOC) Auto-classification: Denied

    In support of his request, applicant provided his DD Form 214, Report of Separation from Active Duty; Western Union telegrams, his retirement order, and documents extracted from his medical record. DPPPR states to be awarded the PH a member must provide documentation to support that wounds were received as a direct result of enemy action and that the wounds received treatment by medical personnel. Exhibit C. Letter, AFPC/DPPPR, dated 26 Apr 04, w/atch.

  • AF | BCMR | CY2004 | BC-2004-01258

    Original file (BC-2004-01258.doc) Auto-classification: Approved

    The Purple Heart Medal is awarded for wounds received as a direct result of enemy actions. At the time of his treatment, medical personnel asked him if he wanted the Purple Heart Medal and he turned it down. _________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was awarded the Purple Heart for injuries he received in action against an...

  • AF | BCMR | CY2006 | BC-2006-02907

    Original file (BC-2006-02907.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the applicant’s request for award of the PH be denied and states, in part, to be awarded the PH, a member must provide a detailed personal account, certified eyewitness statements, and medical documentation to show the wound received treatment by medical personnel and occurred as a direct result of enemy action. A complete copy of the evaluation is at Exhibit C. On 6 Oct 06,...

  • AF | BCMR | CY2004 | BC-2004-02609

    Original file (BC-2004-02609.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-02609 INDEX CODE: 107.00 XXXXXXXXXXXXXXXXX COUNSEL: NONE XXXXXXXXXXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air...

  • AF | BCMR | CY2007 | BC-2007-00817

    Original file (BC-2007-00817.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. The applicant’s medical and military records did not reflect any medical documentation of treatment of injuries sustained as a direct result of enemy action. The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.

  • AF | BCMR | CY2004 | BC-2003-04015

    Original file (BC-2003-04015.doc) Auto-classification: Approved

    After thoroughly reviewing the evidence of record and noting the statement from the former POW, the majority of the Board is not persuaded the applicant was wounded as a direct result of enemy action. The applicant is a former Army Air Corps B-17, Flying Fortress, navigator who seeks award of the Purple Heart (PH) for wounds received during a bombing mission over Berlin, Germany, on 20 February 1944. The majority of the panel finds insufficient evidence to demonstrate that he was injured...

  • AF | BCMR | CY2003 | BC-2003-00244

    Original file (BC-2003-00244.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-00244 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. 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. ...

  • AF | BCMR | CY2003 | BC-2002-02189

    Original file (BC-2002-02189.doc) Auto-classification: Denied

    The applicant was assigned to the 367 Bombardment Squadron, in the European Theater of Operations as a Navigator, from 15 November 1943 through 11 June 1945, when he returned to the Continental United States. By letter, dated 3 December 2002, AFPC/DPW, requested that the applicant’s discharge document be corrected to reflect he was a POW from 13 December 1943 to 13 May 1945 and that he be considered for award of the Purple Heart (See Exhibit D). The applicant contends that he should...

  • AF | BCMR | CY2007 | BC-2007-00749

    Original file (BC-2007-00749.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00749 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 SEPTEMBER 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH). _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR...

  • AF | BCMR | CY2006 | BC-2005-03718

    Original file (BC-2005-03718.doc) Auto-classification: Denied

    Standard Form 88, Report of Medical Examination dated 22 May 1973 reflects the applicant received a head injury and laceration in Vietnam due to a bomb explosion in 1972. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice. Novel, Member The following...