RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02353
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 received injury to his eyes on
28 March 1972, when an accumulator he was working on exploded
during a mortar attack. His First Sergeant mentioned he was
submitted for a Purple Heart.
The applicant does not provide any evidence in support of his
appeal.
The applicants complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former member of the Regular Air Force who was
released from the Regular Air Force on 30 November 1986 and
retired effective 1 December 1986 in the grade of senior master
sergeant (E-8). He served 20 years and 22 days on active duty of
which 4 years, 1 month, and 20 days was Foreign Service.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA 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 aircraft
member or in a passenger status because of the aircrafts evasive
measures against hostile fire.
DPSIDRA indicates that after a thorough review of the applicants
military personnel record, they found no corroborating
documentation verifying the accumulator explosion was caused by
an act of the enemy. Nor did the applicant provide any
eyewitness statements to help substantiate his claim. The
applicants case was considered by the Purple Heart Review Board
(PHRB) on 1 October 2010; however, his request was denied.
The complete DPSIDRA 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 15 October 2010, for review and comment within 30 days. As of
this date, this office has received no response.
_________________________________________________________________
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-2010-02353 in Executive Session on 24 March 2011, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2010-02353:
Exhibit A. DD Form 149, dated 24 Jun 10.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 4 Oct 10.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.
Panel Chair
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