RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02251
INDEX NUMBER: 100.00
COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should have been awarded the PH for wounds he received as a direct
result of enemy action.
In 1970, he received lacerations from concertina wire lining the ditch
where he took refuge from incoming rounds. His wounds received treatment
from medical personnel but were not entered into his medical records.
In support of the appeal, applicant submits extracts from his Department of
Veteran Affairs (DVA) records.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a retired master sergeant who served in Vietnam from 10
August 1969 to 1 July 1970.
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 only statement provided by the applicant is from an individual that saw
his leg sometime after the alleged incident. However, since this
individual was not an eyewitness to the actual incident, and is based
solely on what the individual was told by the applicant, the statement is
not considered valid. In addition, the applicant has not provided a date
of the alleged incident or any medical documentation showing he had any
lacerations or scars on his legs while on active duty.
The AFPC/DPPPR 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 January 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. After thoroughly reviewing the evidence
of record and noting the applicant’s contentions, we are not persuaded the
applicant has been the victim of an error or injustice. In this respect,
we note the Purple Heart (PH) is awarded for wounds received as a direct
result of enemy action. Injuries received while seeking shelter from
mortar or rocket attacks are considered indirect injuries and do not meet
the criteria for the PH. The applicant requests award of the PH based on
lacerations he received from concertina wire lining the ditch where he took
refuge from incoming rounds. The personal sacrifice he 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 establish that he was injured as a direct result of enemy
action. 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-2003-02251
in Executive Session on 19 February 2004, under the provisions of AFI 36-
2603:
Mr. Vaughn E. Schlunz, Panel Chair
Ms. Jean A. Reynolds, Member
Mr. James W. Russell, III, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Mar 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 22 Dec 03.
Exhibit D. Letter, SAF/MRBR, dated 9 Jan 04.
VAUGHN E. SCHLUNZ
Panel Chair
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