ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-01918
INDEX CODE: 107.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
In the applicant’s request for reconsideration, he again asks for
award of the Purple Heart (PH) for an injury sustained on 13 Jun 68.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 5 Nov 65.
According to a 14 Jun 68 medical entry by the dispensary at Bien Hoa
AB, Republic of Vietnam (RVN), his back left shoulder area was sutured
for a laceration. The sutures were removed on 20 Jun 68, leaving a 1½
inch scar. No information as to what caused the injury was provided.
The applicant was released from active duty on 11 Feb 69 and
transferred to the Air Force Reserve, from which he was honorably
discharged on 4 Nov 71.
On 11 Jun 05, the applicant submitted an AFBCMR application requesting
award of the PH, asserting the injury was the direct result of a
mortar and rocket attack. The Board denied his appeal on 15 Nov 05.
For an accounting of the facts and circumstances pertaining to this
issue and the rationale of the earlier decision by the Board, see the
Record of Proceedings (ROP) at Exhibit F.
In a 25 Feb 06 letter, the applicant contends his injury was sustained
while he tried to bail out of the way of a rocket attack that began
around 2 a.m. on 14 Jun 68, shortly before his shift was scheduled to
end at 8 a.m. He asserts gross negligence on the part of the medical
personnel at Vietnam and Lowry AFB. He indicates he is being
compensated by the Department of Veterans Affairs (DVA) for the
injury. An unsigned statement from the applicant’s former roommate
indicates there was a heavy mortar and rocket attack in the early
morning of 14 Jun 68, and
he was informed the applicant had suffered a shoulder injury from a
122 mm rocket explosion outside of the revetment where the applicant
and his load crew had been working.
The applicant’s complete submission, with attachments is at Exhibit G.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
We carefully considered the applicant’s assertions and the former
roommate’s unsigned statement provided as corroborating evidence. The
individual, like the applicant, contends their squadron came under a
mortar and rocket attack in the early morning on 13-14 Jun 68. We do
not dispute the fact that the applicant sustained an injury or the
probability that his squadron came under enemy attack. However, we
remain unpersuaded his wound met the PH criteria that an injury must
be the direct result of enemy action. In this regard, the applicant
appears to have been indirectly injured after he saw the incoming
rockets and bailed out of the cockpit. The applicant himself stated
that “by the time [he] knew [he] was wounded it was too late to tell
how it happened.” Further, the roommate indicated that when he came
on duty he was told the applicant had been wounded during the attack.
Therefore, he does not appear to have been a witness to the
applicant’s injury when it occurred. In addition, the fact that the
applicant is being compensated by the DVA at 10% for the injury does
not inherently establish it was directly caused by the enemy, only
that it was service connected. In view of the above, we find no
compelling basis on which to overturn our earlier conclusion that the
applicant has not been the victim of an error or an injustice.
_________________________________________________________________
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 31 March 2006, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Ms. Janet I. Hassan, Member
Ms. Jean A. Reynolds, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2005-01918 was considered:
Exhibit E. Record of Proceedings, dated 7 Dec 05, w/atchs.
Exhibit F. Applicant's Letter, dated 25 Feb 06, w/atch.
RICHARD A. PETERSON
Panel Chair
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