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.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His back, right hip and legs were injured in January and February 1968.
However, since the injuries were not life threatening, he did not report
them at the time the incidents occurred.
No supporting documents were provided. The applicant’s complete submission
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant’s Total Active Federal Military Service Date (TAFMSD) is 24
June 1955. He was progressively promoted to the grade of technical
sergeant (E-6), with an effective date and date of rank of 1 May 1970.
The applicant’s DD Form 214 covering his third enlistment period, 28 May
1965 - 27 May 1969, reveals 1 year, 5 months and 24 days of foreign and/or
SEA service. He was awarded the Vietnam Service Medal (VSM) with three
Bronze Service Stars (3 BSS), the Air Force Good Conduct Medal (AFGCM) with
one Oak Leaf Cluster (1OLC), Air Force Commendation Medal (AFCM), the Air
Force Longevity Service Award (AFLSA) w/2OLCs, the National Defense Service
Medal (NDSM) and the Republic of Vietnam Campaign Medal (RVCM).
On 31 August 1975, the applicant was relieved from active duty in the grade
of technical sergeant (E-6) and retired, effective 1 September 1975. He
had completed a total of 20 years, 2 months and 7 days of active duty
service for retirement.
The records of the Department of Veterans Affairs (DVA) reflect the
applicant was granted a 100 percent combined disability rating from 24 July
1998.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the application be denied. DPPPR states that to
be awarded the PH, a member must provide documentation to support the wound
received was a direct result of enemy action and must have received medical
treatment by medical personnel. DPPPR researched the applicant’s personnel
records and found no support for award of the PH. The HQ AFPC/DPPPR
evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 6 August
2004 for review and response. 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. Applicant’s contentions were duly noted;
however, we did not find these uncorroborated assertions, in and by
themselves, sufficiently persuasive to override the rationale provided by
the Air Force office of primary responsibility. To be awarded the Purple
Heart, a member must provide documentation to support he was wounded by the
enemy while in combat or as a direct result of enemy actions. Indirect
injuries do not meet the criteria for award of the Purple Heart. We do not
wish to deprive the applicant of an award to which he is entitled; however,
based on the evidence before us, we have no recourse but to conclude that
his request for the Purple Heart should be denied.
_________________________________________________________________
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 28 October 2004, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Michael J. Maglio, Member
Ms. Martha A. Maust, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2004-01243.
Exhibit A. DD Form 149, dated 4 Apr 04.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 30 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 6 Aug 04.
RICHARD A. PETERSON
Panel Chair
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