RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-00812
INDEX CODE: 107.00
XXXXXXXXXXXXXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 18 September 2008
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
_______________________________________________________________
APPLICANT CONTENDS THAT:
He should receive the PH for injuries of multiple cuts, scratches, and
abrasions on his arms, legs and face caused when he tried to return inside
the perimeter fence through concertina wire to take cover from hostile
automatic weapon fire.
In support of his application, the applicant submits an Air Force Form
1059, Explosive Ordnance Disposal Report, and his citation to accompany the
award of the Bronze Star.
The applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 11 January 1952, the applicant enlisted in the Regular Air Force at the
age of 19. He was progressively promoted to the grade of senior master
sergeant (E-8) effective and with a date of rank of 1 September 1974.
According to the Explosive Ordnance Disposal Report, provided by the
applicant, he received multiple scratches on 26 January 1969 while
retreating through concertina wire when he came under automatic weapons
fire while stationed at Phan Rang Air Base, Vietnam.
On 31 January 1978, the applicant was honorably discharged from active duty
for the purpose of retirement. He served 26 years and 20 days on active
duty of which 9 months were foreign Service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial of the applicant’s request for the PH medal.
DPPPR states the applicant does not meet the criteria for award of the PH.
To be awarded the PH medal, a member must provide documentation to support
he was wounded as a direct result of enemy action. Indirect injuries do
not meet 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 against hostile fire. The applicant’s injuries
occurred while seeking shelter by going through concertina wire causing his
injuries, which are indirect injuries. The Explosive Ordnance Disposal
Report submitted by the applicant indicates in item 9 that no injuries
received were from explosives.
DPPPR states no official documentation was submitted or located in the
applicant’s records to verify he was injured due to enemy action to be
eligible for the PH.
The DPPPR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 31 May 2007, a copy of the Air Force evaluation was forwarded to the
applicant for review and response within 30 days. As of this date, this
office has received no response.
_________________________________________________________________
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. After a thorough review of the available
records, we found no evidence that the individual is eligible for the award
of the Purple Heart Medal. The applicant did not provide any documentary
evidence to substantiate his claim that he was wounded in action as a
direct result of enemy action, or that he was recommended for, or awarded,
the Purple Heart Medal. The personal sacrifice the applicant endured for
his country is noted and the recommendation
to deny the requested relief in no way diminishes the high regard we have
for his service. Nevertheless, in view of the above, we find no basis to
favorably consider 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 considered this application in Executive
Session on 19 July 2007, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Chair
Ms. Terri G. Spoutz, Member
Ms. Patricia R. Collins, Member
The following documentary evidence was considered in connection with AFBCMR
Docket Number BC-2007-00812:
Exhibit A. DD Form 149, dated 12 Mar 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPPR, dated 31 May 07.
Exhibit D. Letter, SAF/MRBR, dated 8 Jun 07.
MICHAEL K. GALLOGLY
Panel Chair
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