RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00293
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 JULY 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he should receive the PH for injuries he sustained in
combat (plane crash) in the China Sea on 13 April 1967.
In support of his request, applicant provided a Clinical Record
Narrative Summary and a Flight Surgeon’s Summary.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 10 November
1947.
On 13 April 1967, the applicant was injured in a C-141 airplane
accident in Southeast Asia.
His DD Form 214 reflects he was awarded the Airman’s Medal, Air Medal
with one Silver and three Bronze Devices, Air Force Commendation Medal
with two Bronze Devices, Air Force Outstanding Unit Award with Valor
and one Silver and two Bronze Devices, Combat Readiness Medal, Air
Force Good Conduct Medal with one Silver and two Bronze Devices, Good
Conduct Medal, American Defense Service Medal, National Defense
Service Medal, Armed Forces Expeditionary Medal with one Bronze
Device, Vietnam Service Medal with two Bronze Devices, Air Force
Longevity Service Award Ribbon with one Silver and one Bronze Device,
NonCommissioned Professional Military Education Graduate Ribbon with
one Bronze Device, Small Arms Expert Marksmanship Ribbon, Republic of
Vietnam Gallantry Cross with Device and the Republic of Vietnam
Campaign Medal.
The applicant retired on 1 February 1984. He served 28 years of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the PH
be denied. DPPPR states the PH is awarded for wounds or death as a
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. The applicant’s
military records reflect he was injured due to an accident.
Furthermore, there is no evidence in the applicant’s military records
reflecting he was injured as a result of enemy action.
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 and
counsel on 19 May 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. The applicant did not provide any evidence to substantiate
the injuries he sustained during the plane crash were incurred as a
result of enemy action. Furthermore, the applicant provided
documentation that clearly states the plane crash was an accident.
While we are not unmindful or unappreciative of the applicant’s
service to his Nation, in the absence of evidence substantiating the
applicant was injured as a direct result of enemy action, 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 this application in Executive
Session on 15 August 2006, under the provisions of AFI 36-2603:
Mr. Richard A. Peterson, Panel Chair
Ms. LeLoy W. Cottrell, Member
Ms. Karen A. Holloman, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-00293 was considered:
Exhibit A. DD Form 149, dated 24 Jan 06, w/atchs.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, 11 May 06.
Exhibit D. Letter, SAF/MRBR, dated 19 May 06.
RICHARD A. PETRERSON
Panel Chair
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