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AF | BCMR | CY2010 | BC-2010-01114
Original file (BC-2010-01114.txt) Auto-classification: Denied
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 applicant’s 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 aircraft’s 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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