RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2007-03400
INDEX CODE: 107.00
COUNSEL: The American Legion
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to show he was awarded the Purple Heart (PH)
medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Information regarding treatment for injuries he sustained from 1972 through
1974 was not recorded in his medical records. He was not aware that a non-
combat veteran was eligible for the PH award.
In support of his application, he submits documents from his medical
service records and his DD Form 214, Report of Separation from Active Duty.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 28 Aug 77, the applicant was honorably discharged from active duty in
the grade of sergeant. He was credited with 8 years, 5 months and 24 days
of active duty service to include 3 years and 1 month of foreign service.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states 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 PH criteria. DPSIDR states they
were unable to locate medical documentation of treatment in a field
hospital of injuries sustained as a direct result of enemy action.
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 8 Feb
08 for review and comment. As of this date, this office has received no
response (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. Insufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. After a thorough review of his submission
we are not persuaded that the applicant should be awarded the Purple Heart
Medal. There is no corroborating evidence, medical or otherwise, that the
injuries he alleges he sustained were a direct result of enemy action.
Therefore, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the basis for
our conclusion that the applicant has not been the victim of an error or
injustice.
4. The applicant's case is adequately documented and it has not been shown
that a personal appearance with or without counsel will materially add to
our understanding of the issue(s) involved. Therefore, the request for a
hearing is not favorably considered.
_________________________________________________________________
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 1 Apr 08, under the provisions of AFI 36-2603:
Mr. John B. Hennessey, Panel Chair
Mr. James A. Wolffe, Member
Ms. Judith B. Oliva, Member
The following documentary evidence was considered in AFBCMR BC-2007-03400:
Exhibit A. DD Form 149, dated 01 Oct 07, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 18 Jan 08.
Exhibit D. Letter, SAF/MRBR, dated 8 Feb 08.
JOHN B. HENNESSEY
Panel Chair
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