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AF | BCMR | CY2010 | BC-2010-00132
Original file (BC-2010-00132.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-00132 

INDEX CODE: 107.00 

 XXXXXXXXXXXXXXXX COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to show award of the Purple Heart (PH). 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While serving in Vietnam, he injured his hand when he fell off 
his bike during an incoming mortar attack. 

 

In support of his appeal, the applicant provides copies of a 
personal letter to his congressman, medical documents, and his 
Department of Veterans Affairs (DVA) disability claim and appeal 
documentation. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who 
served on active duty from 6 June 1957 to 31 May 1979. He was 
progressively promoted to the grade of technical sergeant (E-6) 
with a date of rank of 1 May 1974. He served 21 years, 
11 months, and 25 days on active duty. His Air Force Form 7, Airman Military Record, indicates he served in Okinawa from 
17 March 1962 to 5 November 1964, and in Vietnam from 1 February 
1966 to 22 January 1967. 

 

The remaining relevant facts, extracted from the applicant’s 
military service records, are contained in the Air Force 
evaluation at Exhibit C. 

 

_________________________________________________________________ 

 


AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s 
military personnel records lacks sufficient documentation or 
evidence to indicate he meets the criteria outlined for award of 
the PH. 

 

DPSIDR states 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 bailout injuries, etc.). 
In addition, it is necessary the wound required or 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 because of the aircraft’s evasive measures against hostile 
fire. 

 

DPSIDR indicates that after a thorough review of the applicant’s 
military personnel record, they found no special order, 
recommendation, medical documentation, or any other evidence to 
support he was awarded, submitted for, or entitled to the PH. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

He notes that the Air Force advisory opinion indicates the PH is 
awarded for wounds received as a direct result of enemy actions. 
To this day, he does not know if the incoming mortars were enemy 
or friendly fire; however, it happened as a direct result of one 
of them and he received a wound because of it. 

 

The applicant’s complete rebuttal, with attachments, is at 
Exhibit E. 

 

_________________________________________________________________ 

 

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. We took notice 
of the applicant's complete submission in judging the merits of 
the case; however, 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. Therefore, in the 
absence of evidence to the contrary, we find no 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 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 AFBCMR Docket 
Number BC-2010-00132 in Executive Session on 30 September 2010, 
under the provisions of AFI 36-2603: 

 

 XXXXXXXXXXXXXXXXXXXXX, Panel Chair 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 XXXXXXXXXXXXXXXXXXXXX, Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-00132 was considered: 

 

Exhibit A. DD Form 149, dated 11 January 2010, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/ DPSIDR, dated 13 Jul 10. 

Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10. 

Exhibit E. Letter, Applicant, dated 8 Aug 10, w/atchs. 

 

 

 

 

 XXXXXXXXXXXXXXXXXX 

 Panel Chair 



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