RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00294
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 4 AUGUST 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect the time he served in Vietnam and
award of the Purple Heart (PH).
EXAMINER’S NOTE: The applicant’s DD Form 214 will be administratively
corrected to reflect his Foreign Service as one year and four days.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He completed two tours in Vietnam. He further states he injured his
leg and received treatment for 10 days from an Army or Air Force
doctor at a Vietnamese Air Base (AB).
In support of his application, applicant provided a copy of his
performance report for the period ending 11 June 1968 and his DD Form
214 dated 16 August 1968.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 28 January
1965, as an basic airman for a period of four years.
His DD Form 214 reflects he was awarded the National Defense Service
Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam
Campaign Medal (RVCM), Air Force Good Conduct Medal (AFGCM).
On 16 August 1968, the applicant was honorably discharged in the grade
of sergeant. He served 3 years, 6 months and 19 days of active duty
service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the PH
be denied. 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.
DPPPR further states indirect injuries do not meet the criteria for
award of the PH. 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 against hostile fire.
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 applicant did not provide any
documentation indicating he sustained injuries that meet the criteria
for award of the PH.
The Purple Heart Review Board (PHRB) has the authority, on behalf of
the Secretary of the Air Force (SAF), to determine a serviceman’s
entitlement to the PH. The servicemembers must submit a detailed
account of the circumstances surrounding the injury to include
specifics as to how they were injured, exact date of injury, unit of
assignment, and rank held a the time of injury. Medical documentation
must be provided to substantiate the servicemember received medical
treatment. If medical documentation is not available, a statement
from a military or civilian medical officer can be submitted. The
statement must attest that an examination revealed that an injury of
the type incurred would or should have received medical treatment.
Lastly, if possible, an eyewitness account from an individual who
witnessed the servicemember being injured and attest to the
circumstances surrounding the servicemember’s personal account.
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 5 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
servicemember 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 or sustained an injury that met
the criteria for award of the PH. 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-2006-00294 was considered:
Exhibit A. DD Form 149, dated 20 Jan 06, w/atchs.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, 27 Apr 06.
Exhibit D. Letter, SAF/MRBR, dated 5 May 06.
RICHARD A. PETERSON
Panel Chair
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