RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-02555
INDEX CODE: 100.00
COUNSEL: NOT INDICATED
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
Since he was injured during battle, he should be entitled to the PH.
He was injured during a forced bailout from an F4-C, Phantom, over the
China Sea on 21 Dec 66. The other individual in the aircraft, although
initially determined to have been missing-in-action was subsequently
determined to have been killed-in-action. He ejected at supersonic speed,
resulting in excessive wind-milling of his arms and legs. He was placed in
a cast and advised that as he grew older he would experience additional
trouble with his arms and legs. Although he originally thought the
incident to have been caused by aircraft malfunction, he has recently
obtained a copy of the casualty report of his fellow crew member indicating
a casualty from battle.
In support of the appeal, applicant submits extracts from the records of
his fellow crew member who died during the mission, a newspaper article,
and a Feb 07 Magnetic Resonance Imaging (MRI) of his knee.
Applicant’s complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve captain, who served in
Southeast Asia during the period 11 Aug 66 through 20 Jan 67, as an F-4C,
Phantom, pilot. During this period, he completed a total of 72 combat
missions, totaling 110:45 combat hours, for which he was awarded one
Distinguished Flying Cross and seven Air Medals.
AF Form 1042, Medical Recommendation for Flying Duty, dated 28 Mar 67,
indicates that on 20 Dec 66, the applicant was found medically
incapacitated to fly, due to a strain of his right medial collateral
ligament (MCL) and a soft tissue injury of his left elbow.
DD Form 1300, Report of Casualty, prepared 20 Sep 73, indicates the other
individual in the aircraft died while in a non-battle duty status.
The PH is awarded for wounds received as a direct result of enemy actions
(i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bail out injuries, etc.). In addition, it is necessary that the
wound have required treatment by medical personnel. Indirect injuries do
not meet the criteria for award of the PH.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial and states in part, that no official
documentation was located in the applicant’s record that verifies he bailed-
out due to direct enemy action. The evidence provided by the applicant
indicates the incident was an accident.
The AFPC/DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the evaluation was forwarded to the applicant on 9 Nov
07, for review and comment, within 30 days. However, 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 error or injustice. In regard to the applicant’s request for
award of the PH, the Board notes the evidence of record supports the fact
that the injuries he sustained on 21 Dec 66 were the result of an aircraft
accident and not a direct result of enemy action. Indirect injuries do not
meet the criteria for award of the PH. Therefore, in the absence of
evidence to the contrary, 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 considered Docket Number BC-2007-02555
in Executive Session on 8 Jan 08, under the provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Ms. Teri G. Spoutz, Member
Mr. Joseph D. Yount, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 6 Aug 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 22 Oct 07.
Exhibit D. Letter, SAF/MRBR, dated 9 Nov 07.
JOHN B. HENNESSEY
AF | BCMR | CY2004 | BC-2003-02676
The applicant states although his wounds were treated by medical personnel at an Air Evacuation Hospital in Belgium, by the time they had returned to their home base in England his wound had healed nicely and no entry documenting his wound was made in his records. Should he provide more information regarding the circumstances surrounding his injury, the Board would entertain reconsideration of his request; however, based on the evidence presented, a majority of the Board finds insufficient...
AF | BCMR | CY2011 | BC-2011-02592
The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicants request based on the lack of evidence establishing the aircraft crash was combat related. The complete DPSIDR evaluation is at Exhibit...
AF | BCMR | CY2004 | bc-2003-03616
Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...
AF | BCMR | CY2011 | BC-2011-02388
A detailed personal account of the circumstances surrounding the injury is required to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. DPSIDR states they were unable to locate medical documentation in the applicants military personnel file that supports a claim of an injury he sustained in Vietnam. He also states he cannot recall the exact day of the attack that occurred at Ton Son Nhut Air Base, Republic...
AF | BCMR | CY2008 | BC-2007-01984
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-01984 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect entitlement to the Purple Heart (PH). In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 Sep 43, during the period in question, the PH was awarded for wounds received in...
AF | BCMR | CY2009 | BC-2009-00095
DPSIDR states the applicant does not provide any documentation proving he was awarded the BSM w/1 OLC. DPSIDR notes the Belgian Congo was not considered to be an opposing armed enemy force of the United States. After a thorough review of the available evidence and applicants complete submission, we find no evidence the applicants records should be corrected to show he was awarded the PH w/1OLC or BSM w/1OLC.
AF | BCMR | CY2011 | BC-2011-04211
He received stitches for a head injury. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 Jan 12 for review and comment within 30 days. After a thorough review of the available evidence and applicants complete submission, we find no evidence that his records should be corrected to show he was awarded the PH.
AF | BCMR | CY2011 | BC-2011-03228
The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). He did not provide a detailed statement describing the circumstances concerning his injury. They were unable to locate medical records describing the scar or any mention of a wound.
AF | BCMR | CY2010 | BC-2010-02891
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02891 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Vietnam Service Medal (VSM) administratively corrected. After a thorough review of the available evidence and applicants complete submission, we find no evidence the applicants records should be corrected to show he was...
AF | BCMR | CY2011 | BC-2011-02034
DPSIDR states the applicant was not able to provide any medical documentation stating that his injuries were the direct result of enemy action, and that he received treatment for his injuries. The applicant did provide a statement to the Air Force Physical Evaluation Board on 11 Aug 66, which described the bomb explosion and resulting injuries. As such, we find the evidence of record sufficient to resolve any doubt in favor of the applicant and believe it is in the interest of equity and...