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 applicants 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 applicants
military service records, are contained in the Air Force
evaluation at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicants
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 aircrafts evasive measures against hostile
fire.
DPSIDR indicates that after a thorough review of the applicants
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 applicants 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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