RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01492
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
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.
During an operational mission in Vietnam on 28 April 1963, his aircraft was
forced to make a hard landing due to the heat, enemy fire, and very steep
approach to the landing strip. Upon landing, he injured his back and was
treated with a maximum dose of Demerol. He was medically evacuated to the
hospital at Clark AB and placed in traction for several days. Although he
was not concerned with receiving the PH in 1963, it is now preventing him
from concurrent receipt of Department of Veterans Administration (DVA)
benefits.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a retired major who was injured during a combat support
mission on 28 April 1963. He was found medically incapacitated to fly on 2
May 1963.
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 that the
wound have required or received treatment by medical personnel. Indirect
injuries do not meet the criteria for award of the PH.
_________________________________________________________________
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 direct result of enemy actions. He
has provided no medical evidence to support his claim.
The AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
The applicant states, among other things, that his spinal compression was a
direct result of the referenced mission and resulted in his grounding from
flying duty. He has no contact with eyewitnesses with whom he can document
more clearly the events that led to his request.
The applicant’s complete response, with attachments, is at Exhibit E.
_________________________________________________________________
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 thoroughly reviewing the evidence
of record and noting the applicant’s contentions, we are not persuaded that
he has been the victim of an 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 was injured when his aircraft was
forced to make a hard landing during a 28 April 1963 combat mission. In
support of his appeal, he provides medical documentation indicating that on
2 May 1963, he was medically incapacitated from flying duties, and on 27
May 1963, he was treated for chronic cervical nerve compression. However,
there is no evidence he was injured 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, in the absence of evidence that he was injured as a direct result
of enemy action, we find no compelling basis to recommend awarding him the
PH.
_________________________________________________________________
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-2004-01492
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 5 May 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 1 Jul 04.
Exhibit D. Letter, SAF/MRBR, dated 16 Jul 04.
Exhibit E. Letter, Applicant, dated 23 Jul 04, w/atchs.
ROSCOE HINTON, JR.
Panel Chair
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