Search Decisions

Decision Text

AF | BCMR | CY2005 | BC-2005-00731
Original file (BC-2005-00731.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-00731
            INDEX CODE:  107.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  3 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show that he received the Purple Heart Medal.

_________________________________________________________________

APPLICANT CONTENDS THAT:

On 5 July 1971,  his  right  hand  was  wounded  during  combat  in  DaNang,
Vietnam.

No  supporting  documentation  was  submitted.   The  applicant's   complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 27 July 1973, the applicant was honorably  discharged  in  the  grade  of
Sergeant effective 1 July 1971.  He was credited with 4 years  total  active
service to include 1 year and 10  days  of  foreign  service.   His  service
record indicates that he served in Vietnam from 11  July  1970  to  11  July
1971.

His discharge document reflects he was awarded the National Defense  Service
Medal, the Air Force Good Conduct Medal, the  Air  Force  Longevity  Service
Award, the Small  Arms  Expert  Marksmanship  Ribbon,  the  Vietnam  Service
Medal, and the Republic of Vietnam Campaign Medal.

On 27 March 1984, the  HQ  USAF  Purple  Heart  Review  Board  reviewed  the
applicant’s request for the PH, and found the  documentation  submitted  did
not fully substantiate the award  because  there  were  no  statements  from
eyewitnesses regarding the incident,  nor  any  documentation  that  clearly
proved  the  injuries  received  were  a  result  of  direct  enemy  action.
Therefore, the board denied the applicant’s request for the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPRS recommends denial.  DPPRS 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.   DPPRS  notes
there  are  no   eyewitness   statements   regarding   the   incident,   nor
documentation that clearly proves the injuries the applicant  received  were
a result of direct enemy action.  DPPRS  concludes  the  applicant  has  not
provided any additional documentation with his second request (Exhibit C).

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force  evaluation  was  forwarded  to  the  applicant  for
review and comment on 19 August 2005.  As of  this  date,  this  office  has
received no response (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
contention that he  should  be  awarded  the  Purple  Heart  for  an  injury
sustained during his assignment in Vietnam.  After a thorough review of  his
submission we are not persuaded that he should be awarded the  Purple  Heart
Medal.  There is no evidence that the wound he alleges he  sustained  was  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 him at the time that can account  for  his
injury.  However,  should  the  applicant  provide  the  above  information,
reconsideration of his request would be possible

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of probable 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-2005-00731
in Executive Session in Executive Session  on  18 October  2005,  under  the
provisions of AFI 36-2603:

                 Ms. Charlene M. Bradley, Panel Chair
                 Ms. Renee M. Collier, Panel Member
                 Mr. Richard K. Hartley, Panel Member

The following documentary evidence was considered:

      Exhibit A.  DD Form 149, dated 24 Feb 05.
      Exhibit B.  Applicant’s Master Personnel Records.
      Exhibit C.  Letter, HQ AFPC/DPPPR, dated 12 Aug 05.
      Exhibit D.  Letter, SAF/MRBR, dated 19 Aug 05.


      CHARLENE M. BRADLEY
      Panel Chair

Similar Decisions

  • AF | BCMR | CY2003 | BC-2003-02317

    Original file (BC-2003-02317.doc) Auto-classification: Denied

    The applicant submitted a request for award of the PH to the Purple Heart Review Board (PHRB). He is requesting this award because he was wounded on 4 March 1971 as the result of direct enemy action. Exhibit B.

  • 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 | CY2004 | BC-2003-02317A

    Original file (BC-2003-02317A.doc) Auto-classification: Approved

    ADDENDUM TO RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-02317 COUNSEL: Dept of Vet Affairs HEARING DESIRED: No _________________________________________________________________ APPLICANT REQUESTS THAT: In the applicant’s request for reconsideration for award of the Purple Heart Medal (PH) he submits written testimony from an eyewitness, who saw him immediately after the attack. The applicant submitted an appeal to the Air...

  • 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-2006-03619

    Original file (BC-2006-03619.DOC) Auto-classification: Approved

    In support of his application, the applicant submits a copy of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, an eyewitness statement, his personal statement, a historical account of the mission, and a Board of Veterans’ Appeal Order. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was...

  • AF | BCMR | CY2005 | BC-2005-01156

    Original file (BC-2005-01156.doc) Auto-classification: Denied

    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...

  • AF | BCMR | CY2006 | BC-2005-03832

    Original file (BC-2005-03832.doc) Auto-classification: Denied

    DPPPR states to be awarded the 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. After a thorough review of the former member’s wife’s submission and the available evidence of record, we are not persuaded that he should be awarded the PH Medal. Novel, Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 30 Dec 05, w/atchs.

  • AF | BCMR | CY2009 | BC-2009-01482

    Original file (BC-2009-01482.docx) Auto-classification: Denied

    We are not unmindful or unappreciative of the applicant's service to our Nation; however, after thoroughly reviewing the evidence of record and noting his contentions, 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 the applicant has not been the victim of an error or injustice since there is no medical documentation of treatment in a field hospital of any injuries sustained as a direct...

  • AF | BCMR | CY2005 | BC-2004-03486

    Original file (BC-2004-03486.doc) Auto-classification: Approved

    DPPAT requested the applicant provide source documents showing that he was trained. Based on this eyewitness statement by an officer in the applicant’s chain of command, it is our opinion the applicant has provided sufficient evidence to show his injuries were sustained by actions of enemies of the United States and that it does meet the criteria for award of the Purple Heart Medal. NOVEL Panel Chair AFBCMR BC-2004-03486 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the...

  • 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...