RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00374
INDEX NUMBER: 107.00
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 5 Aug 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should be awarded the PH for wounds he received when in Vietnam.
In support of the appeal, applicant submits a statement from the other
individual involved in the incident and his DD Form 214, Armed Forces of
the United States Report of Transfer or Discharge.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a retired staff sergeant who served in Vietnam from 31
October 1965 to 6 November 1966, as an aircraft/flight mechanic.
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 the wound
required or received treatment by medical personnel. Indirect injuries do
not meet the criteria for award of the PH.
On 17 November 2004, the Board considered and denied AFBCMR Docket Number
BC-2003-00239, because they were not persuaded the injury was the direct
result of enemy action.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied and states, in part, that
after reviewing the record, they were unable to find medical documentation
stating he received medical care as a direct result of enemy action during
his service in Vietnam. The applicant does not state the date of the
injury or how it occurred. Further, in BC-2003-00239, the Board denied the
PH request of the other individual involved in the incident.
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 25 March 2005 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. In this respect, we note the PH is
awarded for wounds received as a direct result of enemy action and it is
necessary the wound required or received treatment by medical personnel.
The documentation provided by applicant is noted; however, it does not
substantiate that he was wounded 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, insufficient documentary evidence has been presented to warrant
awarding him the Purple Heart. Therefore, in the absence of evidence that
he was injured as a direct result of enemy action, 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-2005-00374
in Executive Session on 18 May 2005, under the provisions of AFI 36-2603:
Ms. Kathleen M. Graham, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Ms. Rita S. Looney, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Jan 05, w/atchs.
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.
KATHLEEN M. GRAHAM
Panel Chair
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