Search Decisions

Decision Text

AF | BCMR | CY2004 | bc-2003-02251
Original file (bc-2003-02251.doc) Auto-classification: Denied

                            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

Similar Decisions

  • AF | BCMR | CY2007 | BC-2007-00812

    Original file (BC-2007-00812.DOC) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for the PH medal. The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 31 May 2007, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. ...

  • AF | BCMR | CY2004 | BC-2003-02096

    Original file (BC-2003-02096.doc) Auto-classification: Denied

    In support of his appeal, applicant submitted a personal statement; a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation Honorable Discharge and Discharge Certificate, dated 12 Sep 45; copies of newspaper articles surrounding the bomb raid in Germany; a copy of a medical record, dated 10 Mar 45; policy guidance for award of the Purple Heart medal and a letter from the county veterans service commission. They indicated that the Purple Heart Medal is awarded for...

  • AF | BCMR | CY2002 | 0201207

    Original file (0201207.doc) Auto-classification: Denied

    _________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letter prepared by the appropriate office of the Air Force (Exhibit C). Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. _________________________________________________________________ The following members of the Board...

  • AF | BCMR | CY2005 | BC-2004-03113

    Original file (BC-2004-03113.doc) Auto-classification: Denied

    He couldn’t tell if he or the Vietnamese soldier was bleeding. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant recommends the application be denied. After a thorough review of his submission and the supporting documentation he provided, his Veterans Administration Rating Decision, which indicates his left shoulder dislocation was established as directly related to military service, this statement alone does not persuade us...

  • AF | BCMR | CY2006 | BC-2006-01735

    Original file (BC-2006-01735.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01735 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY COMPLETION DATE: 10 DECEMBER 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. He was credited with 3 years, 8 months, and 21 days of total prior active service to include 2 years, 2 months and 2 days of Foreign Service. ...

  • AF | BCMR | CY2006 | BC-2006-02262

    Original file (BC-2006-02262.DOC) Auto-classification: Denied

    In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.

  • AF | BCMR | CY2006 | BC-2006-01330

    Original file (BC-2006-01330.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-01330 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 01 NOVEMBER 2007 __________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal and any other decorations for his service in Vietnam. He feels this was a result of enemy action, and that he was treated for the shrapnel...

  • AF | BCMR | CY2003 | BC-2002-02151

    Original file (BC-2002-02151.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-02151 COUNSEL: MARY NEWMAN HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband’s records be corrected to show that he was awarded the Purple Heart (PH). 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...

  • AF | BCMR | CY2005 | BC-2005-02966

    Original file (BC-2005-02966.DOC) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02966 INDEX CODE: 100.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 30 MARCH 2007 ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH), the Prisoner-of-War Medal (POW), and an oak leaf cluster to the Air Medal (AM, 1 OLC). Further, he is entitled to the POW because he...

  • AF | BCMR | CY2005 | BC-2005-01774

    Original file (BC-2005-01774.doc) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends the application be denied and states, in part, that there is no documentation the applicant was awarded the PH or BSM, with “V” device. The personal sacrifice the applicant endured for his country is noted and our decision in no way lessens his service; however, absent a showing that his injuries where the direct result of enemy action, we find no basis upon which to recommend...