RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-01114
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was wounded and not awarded the PH.
During one of his many temporary duties to Son Nhut Air Base,
Saigon, he was hit in the face with a bullet or piece of
shrapnel while running to a bunker. The impact knocked him flat
on his back. The wound bled a lot, but after he cleaned it with
a wet handkerchief and put a band-aid on the wound, he was okay.
On 19 Dec 09, he noticed a sore place on his face where he had
been wounded years earlier. He believed that the bullet or
shrapnel had become infected. However, his doctor advised him
it was an infected root canal from prior years and that the
bullet or shrapnel had earned him a PH.
In support of his request, the applicant provides copies of
extracts from his military personnel records and a letter from
his physician with an x-ray.
The applicants complete submission, with attachments is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered the Regular Air Force on 6 Nov 50 and was
retired in the grade of major on 1 May 78.
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 required or received
treatment by medical personnel. Indirect injuries do not meet
the criteria for the 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 aircraft member in a
passenger status as a result of the aircrafts evasive measures
against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states the DVA does not
have the authority to determine eligibility for the PH nor to
award the PH. Further, the applicant makes no claim that direct
enemy action was the cause of his injury nor has he provided
eyewitness statements to help substantiate his claim and no
medial documentation from the date the applicant was injured is
available.
The complete HQ AFPC/DPSIDRA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the AFPC/DPSIDRA evaluation was forwarded to the
applicant on 27 Aug 10 for review and comment within 30 days
(Exhibit D). 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. 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 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
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-2010-01114 in Executive Session on 14 October 2010, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 15 Mar 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 18 Aug 10.
Exhibit D. Letter, SAF/MRBR, dated 27 Aug 10.
Panel Chair
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