RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03718
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 9 JUN 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
While serving in Vietnam he received a head injury when equipment fell
off a shelf during a mortar attack.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 16 August
1966, as an airman basic (AB) for a period of four years.
The applicant’s Enlisted Performance Report (EPR) for the period
ending 15 September 1972 reflects he was assigned to the 6498
Organization Maintenance Squadron, DaNang Airfield, Republic of
Vietnam from 15 September 1971 through 15 September 1972.
His records reflect he was awarded the Air Force Longevity Service
Award (AFLSA), Vietnam Service Medal (VSM), Republic of Vietnam
Commendation Medal (RVCM), Air Force Good Conduct Medal (AFGCM) with
one Oak Leaf Cluster (OLC) and the Air Force Commendation Medal (AFCM)
with one OLC.
Standard Form 88, Report of Medical Examination dated 22 May 1973
reflects the applicant received a head injury and laceration in
Vietnam due to a bomb explosion in 1972.
On 25 September 1973, the applicant was honorably discharged in the
grade of staff sergeant. He served 7 years, 1 month and
10 days of active duty service. He had 8 months and 22 days of
foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends denial. DPPPR states to be awarded the PH, a
servicemember must provide documentation to support he was wounded as
a direct result of enemy action and must have received medical
treatment by medical personnel. Indirect injuries do not meet the PH
criteria. Indirect injuries include, but are not limited to,
diseases, exposure, injuries received while seeking shelter from
mortar or rocket attacks, aircraft bombings, grenades, and injuries
incurred while serving as an aircraft member or in a passenger status
as a result of the aircraft’s evasive measures or against hostile
fire.
A complete copy of the Air Force evaluation is attached at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
27 January 2006, for review and response. As of this date, no
response has been received by this office.
_________________________________________________________________
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 an error or an injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and the recommendation of the Air
Force and adopt its rationale as the basis for our conclusion that the
applicant has not been the victim of an error or an injustice. The
documentation provided by the applicant and his military records do
not substantiate he had an injury that met the criteria for award of
the PH. Although the applicant was involved in a mortar attack, he
has not provided persuasive evidence to show he was injured as a
direct result of enemy action. Furthermore, there is no evidence in
the applicant’s records indicating he was injured or received medical
treatment for injuries incurred as a direct result of enemy action.
The personal sacrifice the applicant endured for his country is noted
and our decision in no way diminishes the high regard we have for his
service; however, insufficient documentary evidence has been presented
to warrant awarding him the Purple Heart. Therefore, in the absences
of evidence to the contrary, we find no compelling basis to recommend
granting the relief sought.
_________________________________________________________________
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-
2005-03718 in Executive Session on 23 March 2006, under the provisions
of AFI 36-2603:
Mr. Michael J. Maglio, Panel Chair
Ms. Jan Mulligan, Member
Mr. Michael J. Novel, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 30 Nov 05, w/atchs.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 24 Jan 06.
Exhibit D. Letter, SAF/MRBR, dated 27 Jan 06.
MICHAEL J. MAGLIO
Panel Chair
AF | BCMR | CY2006 | BC-2005-03408
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.
AF | BCMR | CY2007 | BC-2007-00817
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. The applicant’s medical and military records did not reflect any medical documentation of treatment of injuries sustained as a direct result of enemy action. The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.
AF | BCMR | CY2006 | BC-2006-02262
In accordance with Army Regulation 600-45, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against the enemy or as a direct result of an act of such enemy, provided the wound necessitated treatment by medical personnel. The Purple Heart Review Board (PHRB), on behalf of the Secretary of the Air Force, has the authority to determine a veteran’s entitlement to the PH. The PH is awarded for injuries received as a direct result of enemy action.
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