RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-03927
INDEX CODE: 107.00
COUNSEL: MARY NEWMAN
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 June 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He should be awarded the PH for a back and shoulder injury he received
in combat in 1969 at DaNang AB, Republic of Vietnam (RVN).
Applicant's complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is a former enlisted member of the Regular Air Force who
served on active duty from 5 Sep 67 to 9 Mar 79. From 1 Apr 69 to 5
July 70, he was assigned to the 366th Supply Squadron, DaNang AB, RVN.
The PH is awarded for wounds received as a direct result of enemy
actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds,
forced aircraft bail out injuries, etc.). In addition, it is
necessary that the wound have required or received treatment by
medical personnel. Indirect injuries do not meet the criteria for
award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends the applicant’s request for award of the PH be
denied and states, in part, the PH is awarded for wounds or death as
result of an act of any opposing Armed Force, as a result of an
international terrorist attack, or as a result of military operations
while serving as part of a peacekeeping force. Applicant has not
provided a detailed account of the incident, the date of the injury,
nor an witness statement to help validate his claim. Furthermore,
there is no official military documentation that states he was injured
by enemy action.
A complete copy of the AFPC/DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 12 May 2006, a complete copy of the Air Force evaluation was
forwarded to the applicant 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 error or injustice to warrant awarding the PH. The
office of primary responsibility has determined the applicant’s
eligibility for the Presidential Unit Citation (PUC), the National
Defense Service Medal (NDSM), the Small Arms Expert Marksmanship
Ribbon (SAEMR), the Republic of Vietnam Campaign Medal (RVCM), the Air
Force Outstanding Unit Award with Valor (AFOUA w/V), and have
administratively corrected his records accordingly. As such, the only
issue before this Board is his request for the PH. In order to be
eligible for the PH, a member must have been wounded as a direct
result of enemy action, and the wound required treatment by medical
personnel. While the applicant contends he was injured during combat
at DaNang AB in 1969, he provides no documentation to indicate that he
was wounded as a direct result of enemy action. The personal
sacrifice he endured for his country is duly noted and our decision in
no way diminishes the high regard we have for his service; however, in
the absence of evidence that he was injured as a direct result of
enemy action, we find no basis upon which to recommend that he be
awarded the PH.
_________________________________________________________________
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-
2005-03927 in Executive Session on 27 June 2006, under the provisions
of AFI 36-2603:
Mr. Charles E. Bennett, Panel Chair
Mr. Richard K. Hartley, Member
Ms. Josephine L. Davis, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 5 May 06.
Exhibit D. Letter, SAF/MRBR, dated 12 May 06.
CHARLES E. BENNETT
Panel Chair
AF | BCMR | CY2006 | BC-2006-00535
_________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied. They state the PH is awarded for wounds received as a direct result of enemy action and the wounds must have received treatment by medical personnel. Exhibit D. Letter, SAF/MRBR, dated 26 May 06.
AF | BCMR | CY2006 | BC-2005-02041
________________________________________________________________ APPLICANT CONTENDS THAT: He should be awarded the PH for wounds he received while trying to save victims of a B-24 aircraft crash and a bomb aboard the aircraft exploded. In a letter, dated 9 January 2006, applicant requested his application be reopened and provided the following comments. Further, the applicant has not provided any evidence to indicate that he was recommended for, or awarded the BSM and CIB.
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