RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-03985
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her husband be posthumously awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
Her husbands DD Form 214, Report of Separation from Active Duty
is missing the Purple Heart (PH).
In support of her request, the applicant provides a copy of his
Veterans Administration (VA) disability compensation award
letter.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 17 September 1954, the former member enlisted in the Regular
Air Force.
On 30 September 1977, he was discharged with an honorable
discharge. He had 23 years, zero (0) months and zero (0) days of
total active service.
His DD Form 214 reflects award of the Air Force Good Conduct
Medal (AFGCM) with three oak leaf clusters, Air Force Longevity
Service Award with four oak leaf clusters, Republic of Vietnam
Campaign Medal (RVCM), Vietnam Service Medal (VSM), Small Arms
Expert Marksmanship Ribbon (SAEMR), and the National Defense
Service Medal (NDSM).
The PH is awarded for wounds received as a direct result of
enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand
combat wounds, and forced aircraft bailout injuries, etc). In
addition, it is necessary that the wound required or received
documented 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 aircrew member or in a
passenger status as a result of the aircrafts evasive measures
against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states while there is
evidence to support the deceased member was injured during his
active duty service, there is a lack of sufficient evidence to
support the injury was received as a direct result of enemy
action. Specifically, there is no documentation as to when or
where the injury occurred, and the circumstances surrounding the
injury.
The complete 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 29 April 2011 for review and comment within 30 days
(Exhibit D). As of this date, this office has not received a
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. After a
thorough review of the available evidence and the applicants
complete submission, we find no evidence which would lead us to
believe the deceased members injuries were a direct result of
enemy action as required for award of the PH. Therefore, 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 deceased member has not been
the victim of an error or injustice. While we appreciate and
honor the deceased members service to his country, in the
absence of evidence substantiating that he was injured as a
direct result of enemy action, 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
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 Docket Number
BC-2010-03985 in Executive Session on 21 June 2011, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 October 2010, w/atchs.
Exhibit B. Applicant's Available Military Records.
Exhibit C. HQ AFPC/DPSIDR, Letter, dated 18 April 2011.
Exhibit D. SAF/MRBR, Letter, 29 April 2011, w/atchs.
Panel Chair
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