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
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