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AF | BCMR | CY2010 | BC-2010-03059
Original file (BC-2010-03059.txt) Auto-classification: Denied
 

 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 applicant’s 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 aircraft’s evasive measures 
against hostile fire. 

 

After a thorough review of the applicant’s 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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