RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02891
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Purple Heart (PH) Medal.
2. He be awarded the Vietnam Service Medal (VSM)
administratively corrected.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was not told he was entitled to the PH. Due to massive
confusion at the time of his injury, he was not asked the reason
he jumped off an aircraft maintenance stand; however, there was
one witness but he does not know his name and has no way of
contacting him. The bomb dump no longer exists. He spent 116
days on temporary duty at Tan Son Nhut, Republic of Vietnam,
during 1968 and should be awarded the VSM.
In support of his request, the applicant provides excerpts from
his military and medical records.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In order to be awarded the PH: You must have received wounds 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/DPSIDR recommends denial. DPSIDR states the applicants
injuries are due to indirect enemy action and are ineligible for
award of the PH. Therefore, without official documentation that
verifies the applicant was injured due to enemy action, DPSIDR
cannot support this request.
The DPSIDR complete 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 23 Dec 10 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 an error or injustice with regard to
the applicants request to be awarded the PH. After a thorough
review of the available evidence and applicants complete
submission, we find no evidence the applicants records should be
corrected to show he was awarded the PH. As such, 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 relief beyond already granted administratively is
not warranted. The applicants honorable service is noted.
Regrettably, we do not find the evidence submitted is sufficient
to recommend granting the requested relief.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2010-02891 in Executive Session on 3 Mar 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 22 Nov 10.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.
Panel Chair
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