RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2006-00917
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 30 SEPTEMBER 2007
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He believes he is entitled to the PH due to his service related injury
and disability.
While serving in Vietnam in April 1966, he was hauling ammunition and
his truck encountered sniper fire and road side bomb traps. He was
blown from the truck and sustained head and ear injuries.
Applicant's complete submission is attached at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force (RegAF) on 10 June
1965, as an airman basic (AB) for a period of four years.
His records reflect he was awarded the Vietnam Service Medal (VSM)
with two Bronze Service Stars (BSS), National Defense Service Medal
(NDSM), Republic of Vietnam Campaign Medal (RVCM).
On 9 December 1968, the applicant was honorably discharged in the
grade of airman first class (A1C). He served three years and six
months of active duty service.
The applicant stated in a Compensation and Pension Exam Report from
the Department of Veterans Affairs (DVA) that he was blown out of a
truck. However, no documentation was located in the applicant’s
records to substantiate the incident.
The applicant is currently receiving a 40 percent disability rating
from the DVA for service connected disability for diabetes.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPPR recommends the applicant’s request for award of the PH
be denied. They state after reviewing the applicant’s official
military record they were unable to verify the applicant’s entitlement
to the PH.
The PH is awarded for wounds received as a direct result of enemy
action, such as, gunshot, or shrapnel wound, hand-to-hand combat
wounds, forced aircraft bail out injuries, etc. In addition the
wounds must have received treatment by medical personnel. Indirect
injuries do not meet the criteria for award of the PH. These include,
but are not limited to, injuries received while seeking shelter from
mortar or rocket attacks, aircraft bombings, grenades, and injuries
incurred while serving as an aircrew member or in a passenger status
as a result of the aircraft’s evasive measures against hostile fire.
AFPC/DPPPR further states no medical documentation was located in the
applicant’s official military record to substantiate he received
medical treatment. The applicant has not provided an eyewitness
account from an individual with first hand knowledge of the incident
that occurred in April 1966.
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 2 June 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. Furthermor, the applicant has not provided any evidence to
substantiate the request for award of the PH, such as an eyewitness
statement acknowledging the incident. Unfortunately, indirect
injuries, such as injuries received while seeking shelter from mortar
or rocket attacks, aircraft bombings, grenades, and injuries incurred
while serving as an aircrew member or in a passenger status while an
aircraft was trying to evade hostile fire, do not meet 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 servicemember 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 14 September 2006, under the provisions of AFI 36-2603:
Mr. Wayne R. Gracie, Panel Chair
Ms. Patricia R. Collins, Member
Mr. Reginald P. Howard, Member
The following documentary evidence pertaining to AFBCMR Docket Number
BC-2006-00917 was considered:
Exhibit A. DD Form 149, dated 23 Mar 06.
Exhibit B. Available Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPPR, 24 May 06.
Exhibit D. Letter, SAF/MRBR, dated 2 Jun 06.
WAYNE R. GRACIE
Panel Chair
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