RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03059
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) for injuries he sustained
during the Vietnam War.
________________________________________________________________
APPLICANT CONTENDS THAT:
There is no error or injustice, he simply wants a review of his
records to determine his entitlement to the PH based on the
injuries he sustained from friendly fire, as a result of his
exposure to Agent Orange poisoning.
In support of his appeal, the applicant submits a personal
statement; his application to the Purple Heart Review Board, and
copies of his DD Forms 214, Report of Transfer or Discharge,
issued in conjunction with his honorable discharges and
subsequent retirement.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant was relieved from active duty, on 31 Mar 71, under
the provisions of AFM 35-7, in the grade of major. He was
credited with 20 years, 1 month, and 17 days of active duty
service, including four years, one month, and four days of
foreign service.
________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial, stating, in part, due to the
criteria for award of the PH, a lack of sufficient
documentation, and their previous responses to the applicant,
they cannot approve his request.
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 the wounds 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.
After a thorough review of the applicants military personnel
record (MPR), they were unable to locate a recommendation,
special order, or any other official documentation signifying
the applicant was awarded the PH for his service in Vietnam. In
addition, they noted that a letter had been forwarded, in Dec
06, informing the applicant that the PH criteria is clearly
focused on wounds incurred through action with an enemy and that
chemical agents not released by the enemy are specifically
excluded; therefore, an award of the PH could not be authorized.
The complete HQ AFPC/DPSIDR 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 4 Feb 11 for review and comment within 30 days. As
of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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, in our view, the Air Force office of primary
responsibility has adequately addressed the issues presented by
the applicant and we adopt the rationale expressed as the basis
for our conclusion that the applicant has not been the victim of
an error or injustice. In addition, while the applicant
believes there is a disparity between the services in regard to
the qualification for the PH, based on Department of Defense and
Air Force Instructions, chemical, biological, or nuclear agents
not released by the enemy do not qualify for entitlement to the
PH. 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 the evidence presented did not
demonstrate the existence of material error or injustice; 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 Docket Number BC-
2010-03059 in Executive Session on 19 April 2011, under the
provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 22 Aug 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 18 Jan 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.
Panel Chair
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