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AF | BCMR | CY2010 | BC-2010-02891
Original file (BC-2010-02891.txt) Auto-classification: Denied
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 aircraft’s 
evasive measures against hostile fire. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 


 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s 
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 applicant’s request to be awarded the PH. After a thorough 
review of the available evidence and applicant’s complete 
submission, we find no evidence the applicant’s 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 applicant’s 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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