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AF | BCMR | CY2010 | BC-2010-02353
Original file (BC-2010-02353.txt) Auto-classification: Denied
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 applicant’s 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 aircraft’s evasive 
measures against hostile fire. 

 


DPSIDRA indicates that after a thorough review of the applicant’s 
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 
applicant’s 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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