RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02052
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 1 Jan 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should have been awarded the Purple Heart Medal for injuries he
sustained during an accident in DaNang Air Base, Vietnam on 20 Nov 65.
In support of his appeal, the applicant provided extracts from his
military personnel records, to include a copy of a USAF
Accident/Incident Report.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant was appointed a second lieutenant, Reserve of the Air Force,
on 12 Aug 61 and was voluntarily ordered to extended active duty on 15
Nov 61. He was integrated into the Regular Air Force on 7 Aug 62.
Available documentation indicated the applicant was injured as a
result of a C-123B (fractured his jaw) aircraft accident in DaNang Air
Base, Republic of Vietnam, on 21 Nov 65.
Applicant was relieved from active duty on 31 May 88 and retired,
effective 1 Jun 88, in the grade of lieutenant colonel. He was
credited with 26 years, 6 months, and 16 days of active service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommended denial indicating that to be awarded the Purple
Heart, a member must provide a detailed personal account, eyewitness
statements, and medical documentation to show the wound received
treatment by medical personnel and occurred as a direct result of
enemy action. There was no evidence in the applicant’s records that
states his injury occurred by enemy action. A USAF Accident/Incident
Report, dated 21 Nov 65 [sic], clearly stated the accident was caused
by the engine losing power and quitting seconds later, causing a bad
landing on impact. In their view, the applicant’s injuries were
caused by an engine malfunction and not by a direct result of enemy
action.
A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reviewed the advisory opinion and furnished a response
indicating that the engines did not malfunction. They were operating
in an outstanding manner. They stopped running because of fuel
starvation. They were scrambled with a shortage of fuel because the
target was already under attack. The bad guys were trying to kill
their guys as they had the night before. So they launched as soon as
possible and they stayed until another aircraft could provide the
support they needed.
Applicant’s complete response is at Exhibit E.
_________________________________________________________________
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 (OPR) and adopt its rationale as the
basis for our decision the applicant has failed to sustain his burden
of establishing that he has suffered either an error or an injustice.
We believe it should be pointed out that the applicant’s service and
sacrifice for his country have not gone unnoticed. Notwithstanding
this, no evidence has been presented which has shown to our
satisfaction the applicant met the established criteria for award of
the Purple Heart Medal. In view of the above, and in the absence of
sufficient 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 AFBCMR Docket Number BC-
2005-02052 in Executive Session on 12 Oct 05, under the provisions of
AFI 36-2603:
Ms. Marilyn M. Thomas, Vice Chair
Ms. Jean A. Reynolds, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jun 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 22 Jul 05.
Exhibit D. Letter, SAF/MRBR, dated 29 Jul 05.
Exhibit E. Letter, applicant, dated 18 Aug 05.
MARILYN M. THOMAS
Vice Chair
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