Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-01076
Original file (BC-2004-01076.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2004-01076
            INDEX CODE 107.00
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) for a combat injury  sustained  on
17 May 67 during his Vietnam tour.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His left eye and eye socket were injured on 17 May 67 during  a  heavy
mortar attack from Communist North Vietnamese forces.  Under  the  new
public  law  of  2003  for  concurrent  pay  [Combat-Related   Service
Compensation (CRSC)], he requests the PH award because he is  retiring
from the military with over 38 years of service.

The applicant’s complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant, currently a retired  Reserve  senior  master  sergeant,
first enlisted in the Regular Air Force on 1 Oct 63. During the period
in question, he was assigned to the 18th Field Maintenance Squadron at
Kadena AB, Okinawa, as a jet  mechanic.   In  this  capacity,  he  was
responsible for parking,  servicing  and  sending  off  all  transient
aircraft as well as performing maintenance on ground support equipment
assigned to the Transient Alert Section.

The applicant’s  available  military  personnel  and  medical  records
contain no indication of a wound sustained by enemy action.

The applicant was honorably discharged from the Regular Air  Force  in
the grade of staff sergeant on 15 Dec 71 after 8 years, 2  months  and
15 days of active service.  He continued his career with the Air Force
Reserve.

An 18 Nov 72 Report of Medical History for the applicant’s application
as an Air  Reserve  Technician  (ART)  includes  physician’s  comments
regarding a one-inch  scar  on  the  left  eye  area  for  a  “service
connected accident” in Feb 67.  The applicant’s eyes were found to  be
normal except for needing glasses.

In a letter dated 20 Apr 04, HQ AFPC/DPPPRA advised the applicant they
were returning his DD Form 149 because the documents he provided  were
unclear  and  unreadable.   He  was  asked  to  provide  documentation
attesting to the circumstances of his  injury,  enemy  action  as  the
cause, and the necessity of medical treatment.  According to DPPPR, he
did not respond (see Exhibit C).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR notes the applicant provided no documentation to support
his claim, nor did they find such  documentation  when  reviewing  his
military records.  The applicant did not respond to  their  20 Apr  04
letter requesting such documentation. Denial is recommended.

A complete copy of the 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 9 Jul 04 for review and comment within 30  days.   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.  After a thorough review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded he should be awarded  the  PH.   The  applicant’s  available
military personnel and medical records contained no  indication  of  a
wound  sustained  by  enemy  action.   The  applicant  was   honorably
discharged from the Regular Air Force on 15 Dec 71 and  continued  his
career with the Air Force Reserve.  An 18 Nov  72  Report  of  Medical
History for his application as an ART included a  physician’s  comment
regarding a one-inch scar on the  applicant’s  left  eye  area  for  a
“service connected accident” in  Feb  67.   An  “accident”  would  not
appear to be an enemy-inflicted injury.  The  applicant  has  provided
nothing other than his  own  assertions  to  substantiate  his  claim,
despite being invited to submit supporting materials.  In view of  the
above and absent persuasive evidence to  the  contrary,  we  find  the
applicant has failed to sustain his burden of having  suffered  either
an error or an  injustice.   However,  should  the  applicant  provide
documentation corroborating his contention that he was  injured  as  a
result of an enemy mortar attack on 17 May 67, we would be willing  to
review his appeal for possible reconsideration.  Until then,  we  find
no compelling basis to recommend granting the relief sought.

_________________________________________________________________

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  this  application  in
Executive Session on 19 August 2004 under the provisions  of  AFI  36-
2603:

                 Mr. Wayne R. Gracie, Panel Chair
                 Ms. Jean A. Reynolds, Member
                 Ms. Beth M. McCormick Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2004-01076 was considered:

   Exhibit A.  DD Form 149, dated 19 Mar 04.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPPR, dated 6 Jul 04.
   Exhibit D.  Letter, SAF/MRBR, dated 9 Jul 04.





                                   WAYNE R. GRACIE
                                   Panel Chair


Similar Decisions

  • AF | BCMR | CY2005 | BC-2005-01918

    Original file (BC-2005-01918.doc) Auto-classification: Denied

    Medical records pertaining to the applicant’s DVA claim indicate he reported he had sustained a posterior left shoulder injury when he jumped out a cockpit of a grounded fighter during a rocket attack when stationed at Bien Hoa AB in Jun 68. A member must provide documentation to support the injury was a direct result of enemy action and required or received medical treatment by medical personnel. A complete copy of the evaluation is at Exhibit...

  • AF | BCMR | CY2006 | BC-2006-00917

    Original file (BC-2006-00917.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. The PH is awarded for wounds received as a direct result of enemy action, such as, gunshot, or shrapnel wound, hand-to-hand combat wounds, forced aircraft bail out injuries, etc. 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 | CY2006 | BC-2006-00236

    Original file (BC-2006-00236.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00236 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 JUL 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH). The applicant submitted an application dated 19 March 1982 requesting award of the PH. ...

  • AF | BCMR | CY2002 | 0201327

    Original file (0201327.doc) Auto-classification: Approved

    The applicant has not provided any documentation showing that he received medical treatment for either injury and there is no documentation in his medical file mentioning either of these injuries. Therefore, we conclude that any doubt should be resolved in this applicant’s favor and recommend he be awarded the PH for injuries sustained after bailing out of his B-24 bomber on 9 Feb 45. Exhibit C. Letter, HQ AFPC/DPPPR, dated 31 Jul 02, w/atchs.

  • AF | BCMR | CY2004 | BC-2004-00937

    Original file (BC-2004-00937.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR advises that, to be awarded the PH, a member must provide detailed evidence/documentation to support he was wounded as a direct result of enemy action and received treatment by medical personnel. By the time he was liberated from the POW camp nine months later, his wounds had healed and no further treatment was necessary. Exhibit E. Letter, Applicant, dated 13 Jun 04, w/atchs.

  • 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 | CY2006 | BC-2006-00535

    Original file (BC-2006-00535.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. They state the PH is awarded for wounds received as a direct result of enemy action and the wounds must have received treatment by medical personnel. Exhibit D. Letter, SAF/MRBR, dated 26 May 06.

  • AF | BCMR | CY2006 | BC-2006-00456

    Original file (BC-2006-00456.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. 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. The applicant stated he received...

  • AF | BCMR | CY2006 | BC-2006-01167

    Original file (BC-2006-01167.doc) Auto-classification: Denied

    DPPPR states 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.) 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 servicemember has not been the victim of an error or an injustice. The...

  • AF | BCMR | CY2003 | BC-2002-03634

    Original file (BC-2002-03634.doc) Auto-classification: Denied

    They got the injured passenger up the incline and to the road. From the letter addressed to the applicant on 1 February 1952, providing a copy of GO-50, awarding the 1st Air Postal Squadron a unit award, the letter stating those individuals assigned to the unit during the inclusive period of the unit award, and the dates of the award and the date of his accident, we believe the applicant was stationed in Korea during the period June 1951-30 June 1952. Matter of fact, after all this time,...