RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00144
INDEX CODE: 107.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Vietnam Service Medal
(VSM) and Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
The Air Force never sent him the VSM or put the information into his
records. He does not understand how members of the military can
receive a PH for a cut finger and he never received a PH and spent a
week in the hospital in Thailand being treated for dehydration and
Hepatitis B.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 14 March 1972.
The applicant was involved in a motor vehicle accident on 26 November
1973. He was placed on the Temporary Disability Retired List (TDRL)
on 4 April 1978. The applicant was removed the TDRL and permanently
retired on 6 September 1982.
The applicant’s records reflect he was awarded the Air Force Good
Conduct Medal (AFGCM) with one Oak Leaf Cluster, the Air Force
Longevity Service Award and the National Defense Service Medal (NDSM).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR states in order to be awarded the PH, the servicemember
must provide documentation to support the injuries he received were
received as a direct result of enemy action and the wounds required or
received medical treatment by medical personnel. There is no
documentation in the applicant’s records to indicate he was injured or
received medical treatment for injuries that were incurred as a direct
result of enemy action. Furthermore, the VSM is awarded for service
performed in Vietnam from 4 July 1965 and 28 March 1973, in direct
support of operations in support of Vietnam. The applicant was in
Thailand participating in an exercise which was not in direct support
of operations in Vietnam. On 1 March 2004, DPPPR informed the
applicant that he was not entitled to the PH or VSM and requested he
withdraw his request. The applicant did not respond.
A complete copy of the Air Force 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 7
May 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. 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 their rationale as the basis for our conclusion that
the applicant has not been the victim of an error or an injustice.
The documentation provided by the applicant does not substantiate he
had an injury that met the criteria for award of the PH. He has not
provided persuasive evidence to show the illness was a result of an
injury incurred as a direct result of enemy action. The Board notes
the VSM is awarded to servicemen for service between 4 July 1965 and
28 March 1973, in Vietnam Cambodia, Thailand, or Laos, in direct
support of operations in Vietnam. The applicant's records reflect
that he was in Thailand participating in an exercise; however, the
exercise was not in direct support of an operation in Vietnam.
Therefore, 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-
2004-00144 in Executive Session on 15 June 2004, under the provisions
of AFI 36-2603:
Mr. John L. Robuck, Panel Chair
Mr. James E. Short, Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 26 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 7 May 04.
JOHN L. ROBUCK
Panel Chair
A complete copy of the Record of Proceedings is attached at Exhibits A through E. In a letter, dated 12 February 1999, the applicant provided a copy of his performance report rendered while he was assigned to Thailand and requested reconsideration of his appeal (Exhibit F). The applicant’s complete submission, with attachments, is at Exhibit H. 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,...
AF | BCMR | CY2004 | BC-2003-03020
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03020 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Republic of Vietnam Gallantry Cross with Palm, Republic of Vietnam Campaign Medal, “Old Glory Rod Gallantry Cross”, Unit Award,” the Korean Defense Service Medal, and the Purple Heart...
AF | BCMR | CY2004 | bc-2003-03616
Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...
AF | BCMR | CY2003 | BC-2003-01478
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR, on 10 June 2003, requested the applicant provide documentation to verify his eligibility for award of the PH. There is no evidence in the applicant’s records indicating he was recommended or awarded the PH. Without detailed documentation showing the date of the injury and the injury was incurred as a result of enemy action, or any other pertinent information that meets the criteria for...
AF | BCMR | CY2003 | BC-2003-00915
In support of his appeal, applicant’s counsel has provided a brief that is at Exhibit A. DPPPR states that many members of the applicant’s organization, Rustic FAC (Forward Air Controller) did not receive recognition of specific flights due to rapid mission requirements. In addition, this Board has considered several applications from members of the Rustic FAC units and found that their true accomplishments were not known at the time they were considered for awards because their duties...
AF | BCMR | CY2007 | BC-2006-01430
The Directorate of Assignments after a thorough review of the applicant’s records verified he was on ground in Vietnam in February 1972. 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; nor has he provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement validating the incident relating to the injuries. Exhibit H. Letter, Applicant’s Counsel,...
AF | BCMR | CY2004 | BC-2003-03101
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03101 INDEX CODE: 107.00 XXXXXXXXXXXX COUNSEL: AMERICAN LEGION XXXXXXXX HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart Medal. DPPPR states that on 1 March 2004, they requested the applicant either withdraw his request for the Purple Heart or submit additional documentation to support...
AF | BCMR | CY2006 | BC-2005-03718
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...
AF | BCMR | CY2003 | BC-2003-01675
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01675 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: The applicant requests that her late-husband’s records be corrected to reflect award of the Purple Heart (PH). DPPPR is unable to verify the servicemember received an injury that meets the criteria for award of the PH. ...
AF | BCMR | CY2004 | BC-2004-01243
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2004-01243 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Award of the Purple Heart (PH) for injuries sustained in January and February 1968. He had completed a total of 20 years, 2 months and 7 days of active duty service for retirement. As of this date, no response has been received by...