RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02398
INDEX CODE: 107.00
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded on either 8 Aug 69 or 9 Aug 69 at Cam Rahn Bay,
Vietnam. He was there on temporary duty (TDY). His medical records
do not reflect any treatment for his injury. He does not remember if
he was treated at an Army or Air Force hospital.
In support of his appeal, the applicant provided copies of his Airman
Performance Report (APR) closing 7 Feb 70 and a PACAF Form 100,
Hostile Fire Pay Certification.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant’s available military personnel records indicate he enlisted
in the Regular Air Force on 13 Jul 56 for a period of four (4) years
in the grade of airman basic.
By Special Order AC-025443, dated 3 Sep 76, he was relieved from
active duty and retired, effective 1 Jan 77, in the grade of master
sergeant (MSgt). He was credited with 20 years and 14 days of active
service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the Air
Force.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial noting that to be awarded the PH, a
member must provide documentation to support he was wounded as a
direct result of enemy action and must have received medical treatment
by medical personnel. Indirect injuries do not meet Purple Heart
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.
AFPC/DPSIDR indicated the applicant's APR closing 7 Feb 70 contained a
statement that he was wounded and spent only three (3) hours at the
hospital; no dates were included in the report. Also, no medical
documentation was found in his medical records indicating treatment in
a field hospital for injuries sustained as a direct result of enemy
action. The applicant did not provide a personalized or an eyewitness
statement stating how he incurred the injury or where he was injured.
A complete copy of the AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to applicant on 5 Oct
07 for review and response within 30 days. As of this date, no
response has been received by this office (Exhibit D).
_________________________________________________________________
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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. A review of the available evidence
reveals that while serving as a flight line controller at a Forward
Operating Location (FOL) in Vietnam, the applicant sustained an injury
that required treatment at a hospital. There is not sufficient
evidence that his wounds were the direct result of enemy action.
However, in view of the above, and the documentation provided by the
applicant indicating he was certified to receive hostile fire pay, we
believe any doubt regarding his entitlement to the Purple Heart should
be resolved in his favor. Therefore, we recommend the applicant’s
records be corrected as set forth below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that on 8 Aug 69, he was
awarded the Purple Heart for injuries he received in action against an
enemy of the United States in Cam Rahn Bay, Vietnam.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2007-02398 in Executive Session on 6 Nov 07, under the provisions of
AFI 36-2603:
Mr. James W. Russell III, Panel Chair
Mr. Joseph D. Yount, Member
Ms. Patricia R. Collins, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jul 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 10 Sep 07.
Exhibit D. Letter, SAF/MRBR, dated 5 Oct 07.
JAMES W. RUSSELL III
Panel Chair
AFBCMR BC-2007-02398
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the authority
of Section 1552, Title 10, United States Code (70A Stat 116), it is
directed that:
The pertinent military records of the Department of the Air
Force relating to , be corrected to show that on 8 August 1969, he was
awarded the Purple Heart for injuries he received in action against an
enemy of the United States in Cam Rahn Bay, Vietnam.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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