Search Decisions

Decision Text

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.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He was stationed in Vietnam for  two  tours,  during  a  number  of
rocket attacks, he was injured.  He  was  told  that  he  would  be
awarded the PH medal.  He just had a second surgery to replace  the
bone in his big toe.  Because of the recent surgery on his foot, he
feels he is re-living the experience all over again.

Applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

The records reflect that applicant served on active duty in the Air
Force from 29 Apr 66 – 19 Mar 71.  His  DD  Form  214,  reflects  2
years, 8 months, and 15 days of  Foreign  Service.   Also,  he  was
awarded the National Defense Service Medal, Vietnam Service  Medal,
Republic Vietnam  Campaign  Medal,  and  the  Air  Force  Longevity
Service Award.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request be denied.  To  be
awarded the PH 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.  After a complete review of the applicant’s
record they were unable to locate any documentation to substantiate
the applicant was injured by the enemy while assigned to Vietnam.

On 16 Dec 05, the applicant’s package was submitted to  the  Purple
Heart Review Board (PHRB) for consideration.  On  21  December  05,
the PHRB disapproved applicant’s request for the PH.

The applicant  did  not  attach  any  supporting  documentation  to
support his  claim.   AFPC  researched  the  applicant’s  personnel
record and could not find any support for award of the PH.

A complete copy of the Air Force evaluation is attached at  Exhibit
C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 Jan 06, a copy of the Air Force evaluation was  forwarded  to
the applicant for review and comment within 30 days.   As  of  this
date, no response has been received by this office (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 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 and adopt its  rationale
as the basis for our conclusion that the applicant has not been the
victim of an error or injustice.   Therefore,  in  the  absence  of
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 Docket Number BC-2005-
03162  in  Executive  Session  on  22  February  2006,  under   the
provisions of AFI 36-2603:

      Ms. Charlene M. Bradley, Panel Chair
      Mr. Richard K. Hartley, Member
      Mr. James M. Russell, III, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Oct 05.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 30 Dec 05.
    Exhibit D.  Letter, SAF/MRBR, dated 13 Jan 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

Similar Decisions

  • 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 | 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 | 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 | CY2005 | BC-2005-00042

    Original file (BC-2005-00042.doc) Auto-classification: Denied

    ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the application be denied, and states, in part, that there is no evidence in the applicant’s medical or personnel records to substantiate that he was injured as a direct result of enemy action. On 2 Mar 05, the applicant’s military record was forwarded to the Purple Heart Review Board (PHRB), the approval authority for the award of the PH. As of this date, no response has been...

  • AF | BCMR | CY2007 | BC-2006-02389

    Original file (BC-2006-02389.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-02389 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 13 FEBRUARY 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). We took notice of the applicant’s contention that he should be awarded the Purple Heart for an injury he sustained while performing equipment...

  • 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 | CY2008 | BC-2007-02631

    Original file (BC-2007-02631.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02631 INDEX CODE: 107.00 COUNSEL: HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Silver Star (SS), Bronze Star Medal (BSM), and the Purple Heart (PH). DPSIDR states after a thorough review of the applicant’s military records they were unable to locate a recommendation...

  • AF | BCMR | CY2007 | BC-2006-03019

    Original file (BC-2006-03019.doc) Auto-classification: Denied

    _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant states he has been trying for over 10 years to obtain all awards. He further contends he was discharged from active duty in the grade of Airman First Class but was honorably discharged as a sergeant. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the...

  • AF | BCMR | CY2007 | BC-2006-02775

    Original file (BC-2006-02775.doc) Auto-classification: Denied

    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. Each request is considered on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. Neither evidence provided by the applicant nor the service-member’s records substantiate he was injured as a direct result of enemy action...

  • AF | BCMR | CY2005 | BC-2005-00731

    Original file (BC-2005-00731.doc) Auto-classification: Denied

    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. DPPRS concludes the applicant has not provided any additional documentation with his second request (Exhibit C). In addition, the applicant...