Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00042
Original file (BC-2005-00042.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-00042
                                             INDEX NUMBER:  107.00

                                             COUNSEL:  NONE

                                             HEARING DESIRED:  NO


MANDATORY CASE COMPLETION DATE:  7 JUL 06


___________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was injured during a rocket attack on 30 Oct 68, at Bien  Hoa  Air  Base,
Vietnam.  He dislocated his left shoulder and received a cut  over  his  eye
from flying objects.  When asked to accept the PH, he refused.   His  doctor
never submitted the paperwork required.

In support of his application, the applicant submits a copy  of  a  Standard
Form 600, Health Record.

Applicant’s complete submission, with attachment, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The records reflect that applicant served on active duty in  the  Air  Force
from 5 Aug 65 – 10 Nov 68.  His DD Form 214  (Armed  Forces  of  the  United
States Report of Transfer or Discharge) reflects 3 years, 3  months,  and  6
days of total active service.  He was awarded the  Air  Force  Good  Conduct
Medal, National Defense Service Medal, the Vietnam Service  Medal,  Republic
of Vietnam Campaign Medal, and the Small Arms Expert Marksmanship Ribbon.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the application be denied,  and  states,  in  part,
that there is no evidence in the applicant’s medical  or  personnel  records
to substantiate that he was injured as a  direct  result  of  enemy  action.
The cause of his injuries on 30 Oct 68 is unclear.

To be awarded the Purple Heart (PH), a member must provide documentation  to
support he was wounded as a direct result of  enemy  action  and  must  have
received medical treatment by medical personnel.   The  member  submitted  a
medical report for treatment of injuries, written on 30  October  1968,  but
there is no indication of how the injuries were sustained.

On 2 Mar 05, the applicant’s military record was  forwarded  to  the  Purple
Heart Review Board (PHRB), the approval authority for the award of  the  PH.
The PHRB disapproved the  request  for  the  award  of  the  PH.   The  PHRB
determined there was not  enough  documentation  to  support  the  claim  of
wounds received as a direct result of enemy action.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 25 Mar 05, a copy of the  Air  Force  evaluation  was  forwarded  to  the
applicant for review and response within 30  days.   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.   We  took  notice  of  the  applicant's
complete submission in judging the merits of the  case;  however,  we  agree
with the opinion and recommendation of  the  Air  Force  office  of  primary
responsibility and adopt its rationale as the basis for our conclusion  that
the applicant has not been the victim of an error or injustice.   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-2005-00042
in Executive Session on 28 April 2005, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Mr. Charlie E. Williams Jr., Member
      Mr. Gregory A. Parker, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Dec 04, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 15 Mar 05.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Mar 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-01965

    Original file (BC-2002-01965.doc) Auto-classification: Denied

    The DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant responded and stated that the only documents he has is his word and medical reports. Therefore, without persuasive evidence that he was wounded as a direct result of enemy action, we find no compelling basis to favorably consideration of his application _________________________________________________________________ THE BOARD...

  • AF | BCMR | CY2006 | BC-2005-03162

    Original file (BC-2005-03162.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005- 03162 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 21 APRIL 2007 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal and that it be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. After a complete review of the...

  • 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 | CY2005 | BC-2005-01783

    Original file (BC-2005-01783.DOC) Auto-classification: Denied

    In support of his application, the applicant submits a personal statement with photo and copies of his WD AGO Form 53, Enlisted Record and Report of Separation - Honorable Discharge; his honorable discharge certificate; and correspondence transferring his appeal from the Army Board for Corrections of Military Records to the Air Force Board for Corrections of Military Records. It is DPPPR’s opinion that the applicant has not provided the necessary evidence to substantiate his claim...

  • AF | BCMR | CY2007 | BC-2007-00738

    Original file (BC-2007-00738.DOC) Auto-classification: Denied

    ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPPPR recommends denial. ________________________________________________________________ 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...

  • AF | BCMR | CY2005 | BC-2005-01938

    Original file (BC-2005-01938.doc) Auto-classification: Denied

    A complete copy of the Air Force evaluation is attached at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 14 October 2005, for review and response. 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...

  • AF | BCMR | CY2006 | BC-2006-02265

    Original file (BC-2006-02265.doc) Auto-classification: Denied

    There is no evidence in his reconstructed limited military records to support he was injured as a direct result of enemy action. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Should he respond with evidence of...

  • AF | BCMR | CY2006 | BC-2005-03245

    Original file (BC-2005-03245.doc) Auto-classification: Denied

    Ever since this injury, the right elbow and forearm area have been a problem. The applicant did not provide medical documentation to substantiate injuries received were a result of enemy action. The applicant’s contentions are duly noted; however, after thoroughly reviewing the applicant’s submission, the Board is not persuaded he should be awarded the PH Medal.

  • AF | BCMR | CY2006 | BC-2005-02796

    Original file (BC-2005-02796.doc) Auto-classification: Approved

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR states the applicant provided an eyewitness statement via email from one of his crewmembers that stated the applicant was injured; however, the witness statement did not provide a detailed account of the injury. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT...

  • AF | BCMR | CY2005 | BC-2005-00830

    Original file (BC-2005-00830.doc) Auto-classification: Denied

    Applicant states he was awarded the Purple Heart for wounds received on 9 December 1964. However, the documentation in the record reflects the Purple Heart was awarded for wounds received 9 December 1967. Novel, Panel Chair Ms. Patricia R. Collins, Member Mr. Vance E. Lineberger, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Mar 05, w/atchs.