RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00456
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 19 AUG 07
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 3 December 1970, he incurred injuries during an explosion at Phan
Ran Air Base.
Applicant's complete submission, with attachments, is attached at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on
15 September 1952 for a period of four years.
Per Special Order G-0329 dated 6 February 1972, the applicant was
awarded the Airman’s Medal (AmnM) for heroism for voluntary risk of
life on 3 December 1970.
His records further reflect he was awarded the Air Force Commendation
Medal (AFCM), Vietnam Service Medal (VSM), Air Force Longevity Service
Award (AFLSA) with three Oak Leaf Clusters (OLCs), Small Arms Expert
Marksmanship Ribbon (SAEMR), National Defense Service Medal (NDSM),
Korean Service Medal (KSM), Air Force Good Conduct Medal (AFGCM) with
three OLC, United Nations Service Medal (NSM), Republic of Vietnam
Commendation Medal (RVCM), Air Force Outstanding Unit Award (AFOUA),
Air Force Commendation Medal (AFCM) with one OLC.
The Report of Medical Examination dated 26 November 1971 reflects the
applicant received multiple fragment wounds on 3 December 1970 at Phan
Rang AB. It further reflects he was treated and hospitalized
overnight.
The applicant’s performance for the period ending 31 January 1971
notes his participation in an incident which was extremely hazardous
and as a result he was wounded.
The applicant was honorably retired on 1 October 1972. He served 20
years and 16 days of active duty service.
The applicant submitted a request for a 10 percent increase in retired
pay for extraordinary heroism. On 11 May 1972, the Secretary of the
Air Force denied the request.
The Veterans Administration in a letter dated 5 February 1973, awarded
the applicant a 30 percent disability compensation rating for a
service connected disability.
_________________________________________________________________
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
provided documentation to support he was wounded as a direct result of
enemy action. Additionally, the injury must have required or 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. Not all service-connected conditions were caused by the enemy.
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
17 March 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 stated he received the injuries in the
performance of his duties. Furthermore, he received the AM for heroic
actions 3 December 1970. The applicant has not provided persuasive
evidence to show he was injured as a direct result of enemy action.
In addition, 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-
2006-00456 in Executive Session on 4 May 2006, under the provisions of
AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. B. J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Dec 05, w/atchs.
Exhibit B. Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, dated 8 Mar 06.
Exhibit D. Letter, SAF/MRBR, dated 17 Mar 06.
WAYNE R. GRACIE
Panel Chair
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