RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00648
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
XXXXXXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 28 AUG 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart Medal (PH).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He received injuries to both legs in 1967 in Dong Ha, Vietnam during a
rocket attack. He was told he had earned a PH but he never received it.
His medical records contain ample documentation to substantiate his
injuries. He is currently rated as a service connected veteran and is
receiving compensation.
Applicant provides no supporting documentation. The applicant’s submission
is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 13 October 1965, the applicant enlisted in the Regular Air Force in the
grade of private for a period of four years. The applicant was
progressively promoted to the rank of sergeant (E-4), effective and with a
date of rank of 1 February 1968. The applicant’s records indicate he
performed overseas duty in DaNang AB, Vietnam.
The applicant’s medical records indicate that he was diagnosed with
deafness, conductive, with cause unknown, but probably due to Otosclerosis.
On 12 February 1969, he was honorably released from active duty, having
served 3 years and 4 months on active duty of which 2 years and 3 days was
foreign service. After having been released from active duty, he was
transferred to the Air Force Reserve for completion of his military service
obligation, which occurred on 12 October 1971.
His separation document reflects he was awarded the National Defense
Service Medal, Air Force Commendation Medal, Air Force Good Conduct Medal,
Vietnam Service Medal with one bronze star, Republic of Vietnam Campaign
Medal and the Air Force Outstanding Unit Award.
On 1 August 2002, the Veterans Administration awarded the applicant a
disability compensation/pension based on a compensable rating of 60% for
conditions associated with status post right total knee replacement;
osteoarthritis changes.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the application be denied. DPPPR states that the
applicant has not provided documentation to support the wound received was
a direct result of enemy action; therefore they are unable to verify his
eligibility for award of the Purple Heart Medal. The AFPC/DPPPR evaluation
is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 6 May 2005, a copy of the Air Force evaluation was forwarded to the
applicant for review and comment. 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 a thorough review of the available
records, we found no evidence that the individual is eligible for the award
of the Purple Heart Medal. According to the evidence presented, the
applicant injured both knees on 29 October 1967 when he jumped from a
building to a sandbag bunker. There is no indication in his records that
his injuries met the criteria for award of the Purple Heart. The applicant
did not provide any documentary evidence to substantiate his claim that he
was wounded in action as a direct result of enemy action, or that he was
recommended for, or awarded, the Purple Heart Medal. The personal
sacrifice the applicant endured for his country is noted and the
recommendation to deny the requested relief in no way diminishes the high
regard we have for his service. Nevertheless, in view of the above, we
find no basis to favorably consider 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 this application in Executive
Session on 10 August 2005, under the provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Ms. Jan Mulligan, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2005-00648:
Exhibit A. DD Form 149, dated 16 Feb 05.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 27 Apr 05.
Exhibit D. Letter, SAF/MRBR, dated 6 May 05.
MICHAEL J. NOVEL
Panel Chair
AF | BCMR | CY2005 | BC-2004-03510
His medical records reveal that on 13 February 1968, he was treated for abrasions to both feet and knees. We note that the evidence of record shows that the applicant received medical treatment for abrasions to his feet and knees. _________________________________________________________________ The following members of the Board considered Docket Number BC-2004- 03510 in Executive Session on 24 February 2005, under the provisions of AFI 36-2603: Mr. Michael J.
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The documentation provided by the applicant and the limited military records of the servicemember do not substantiate he had an injury that met the criteria for award of the PH. Nor has the applicant or the servicemember provided any evidence to substantiate the request for award of the PH, such as an eyewitness statement verifying the cause of the crash. Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
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DPPPR states the applicant submitted a request to the Purple Heart Review Board on 25 August 2005. DPPPR states to be awarded the PH, a member must provide a detailed personal account, eyewitness statements, and medical documentation to show the wound(s) received treatment by medical personnel and occurred as a direct result of enemy action. In addition, the applicant did not provide supporting documentation from eyewitnesses or testimony from other former members of his unit who were with...
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