RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-00921
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect his injury during his tour in Vietnam
and he be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
In 1972, Bien Hoa Air Base, Vietnam, was attacked with more than 100 rounds
of incoming rockets and mortar fire. During the attack, his barracks
received a direct hit and he sustained an injury to his chin from flying
shrapnel. He was treated at the dispensary; however, due to the confusion
and since the dispensary was understaffed and overrun, his injury was not
documented. As a result, he is unable to produce medical support for his
claim for Combat-Related Special Compensation (CRSC) benefits.
In support of the appeal, applicant submits two statements from individuals
who were at Bien Hoa AB during the referenced attack. One statement is
from an individual attesting to the applicant’s injury as a direct result
of enemy action. The other statement attests to the injury and the
treatment he received.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was permanently retired for disability effective 26 March 1986,
with a disability rating of 30%. He completed 23 years, 11 months, and 15
days of active federal military service.
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.). In addition, it is necessary the wound
required or received treatment by medical personnel. Indirect injuries do
not meet the criteria for award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPRA recommends the application be denied and states, in part, that
without the basic information and documentation proving the injury incurred
as a direct result of enemy action, they are unable to verify his
eligibility for award of the PH.
The AFPC/DPPPRA 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 18 June 2004 for review and response within 30 days. However, as of
this date, this office has received no response.
_________________________________________________________________
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. In this respect, we note the PH is
awarded for wounds received as a direct result of enemy actions and it is
necessary the wound required or received treatment by medical personnel.
The applicant contends he sustained an injury to his chin from flying
shrapnel in 1972, at Bien Hoa Air Base, Vietnam, when his barracks received
a direct hit during an enemy rocket and mortar attack. He further contends
that although his wound received treatment at the dispensary, due to the
confusion and since the dispensary was understaffed, his injury was not
documented. The statements provided by applicant are noted; however, these
individuals do not state they witnessed applicant being wounded as a direct
result of enemy action. The personal sacrifice applicant endured for his
country is noted and our decision in no way diminishes the high regard we
have for his service; however, insufficient documentary evidence has been
presented to warrant awarding him the Purple Heart. Therefore, in the
absence of evidence that he was injured as a direct result of enemy action,
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-2004-00921
in Executive Session on 1 September 2004, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. John E. B. Smith, Member
Ms. Kathy L. Boockholdt, 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, AFPC/DPPPRA, undated.
Exhibit D. Letter, SAF/MRBR, dated 18 Jun 04.
THOMAS S. MARKIEWICZ
Chair
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