Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-00560
Original file (BC-2004-00560.DOC) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00560
            INDEX NUMBER:  107.00

            COUNSEL:  AMERICAN LEGION

            HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

His right hand was injured in a mortar attack in Vietnam.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The records reflect that applicant served on active duty in the Air
Force from 9 Dec 65 – 9 Nov 69.  His DD Form 214, (Armed Forces  of
the  United  States  Report  of  Transfer  or  Discharge)  reflects
2 years, 11 months, and 26 days of Foreign Service.  Also,  he  was
awarded the National Defense Service  Medal,  the  Vietnam  Service
Medal, with one Bronze  Service  Star,  Republic  Vietnam  Campaign
Medal, Air Force (AF)  Good  Conduct  Medal,  AF  Outstanding  Unit
Award, and Armed Forces Expeditionary Medal.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request be denied.  To  be
awarded the PH a member must provide documentation to  support  his
claim that the wounds were a direct result  of  enemy  action,  and
must have received medical treatment by medical personnel.

The medical records he provided stated he was treated for warts  on
his right hand in Feb 68, Mar 68, and Jul 69.

On 8 Apr 04, AFPC/DPPPRA requested the applicant review the  Purple
Heart  Criteria  sheet  carefully,  and   provide   the   necessary
information and documentation or withdraw his application;  he  did
not respond.

A complete copy of the Air Force evaluation is attached at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 10 June 2004, a copy of the Air Force evaluation  was  forwarded
to the applicant 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.  We took notice of
the applicant's complete submission in judging the  merits  of  the
case; however, 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.   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 Docket Number BC-2004-
00560 in Executive Session on 17 August 2004, under the  provisions
of AFI 36-2603:

      Mr. Roscoe Hinton Jr., Panel Chair
      Ms. Renee M. Collier, Member
      Mrs. Barbara R. Murray, Member

The following documentary evidence was considered:


    Exhibit A.  DD Form 149, dated 11 Feb 04.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 4 Jun 04.
    Exhibit D.  Letter, SAF/MRBR, dated 10 Jun 04.




                                   ROSCOE HINTON JR.
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-03708

    Original file (BC-2003-03708.doc) Auto-classification: 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. 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...

  • AF | BCMR | CY2004 | bc-2003-02825

    Original file (bc-2003-02825.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2004 | BC-2003-03674

    Original file (BC-2003-03674.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2002 | 0200946

    Original file (0200946.doc) Auto-classification: Approved

    Effective 17 July 1972, he was removed from the TDRL and transferred to the Air Force Reserve for completion of military service obligation in the grade of sergeant effective with the date of transfer and with date of rank of 1 November 1971. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibits...

  • AF | BCMR | CY2004 | BC-2003-03192

    Original file (BC-2003-03192.doc) Auto-classification: Denied

    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.

  • AF | BCMR | CY2004 | BC-2003-03018

    Original file (BC-2003-03018.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03018 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. The applicant appears to...

  • AF | BCMR | CY2004 | BC-2004-01492

    Original file (BC-2004-01492.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: He should receive the PH for injuries incurred as a direct result of a combat mission, under enemy fire, in a combat zone. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that the applicant’s records do not provide conclusive evidence that the injury he incurred on 28 April 1963 was the...

  • AF | BCMR | CY2004 | BC-2003-03020

    Original file (BC-2003-03020.doc) Auto-classification: Denied

    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 | CY2001 | 0002718

    Original file (0002718.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 00-02718 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214 be corrected to show he was awarded the Purple Heart (PH) Medal. DPPPR states that there is no evidence in the applicant's records nor did the applicant provide any documentation that he had been injured and treated as...

  • AF | BCMR | CY2004 | bc-2003-03308

    Original file (bc-2003-03308.doc) Auto-classification: Denied

    _________________________________________________________________ THE APPLICANT CONTENDS THAT: During the invasion of *****, on 30 May 1944, he received a shrapnel wound in his left buttock from strafing Japanese aircraft. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that there is no evidence that the foreign body in the applicant’s left buttock is a piece of shrapnel or when/how...