RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-04396 

 COUNSEL: NONE 

 HEARING DESIRED: YES 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH). 

 

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APPLICANT CONTENDS THAT: 

 

While serving in Nha Trang Air Base, Republic of Vietnam, he was 
injured while seeking cover during a mortar attack. He was hit 
by shrapnel in his back and left shoulder. The applicant further 
contends that he sought treatment for his injuries at the 
dispensary hospital in Nha Trang, however the medical treatment 
for his wounds was never documented in his medical records. 

 

In support of his request, the applicant provides a personal 
statement, a copy of a letter to the National Personnel Records 
Center, a statement from his medical doctor, and letters to and 
from Headquarters (HQ) Air Force Personnel Center (AFPC). 

 

The applicant's complete submission, with attachments, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 10 September 1965, the applicant enlisted in the Regular Air 
Force. 

 

In May 1969, the applicant was severely injured when he was hit 
by a motor vehicle and hospitalized. On 10 November 1970, the 
applicant was placed on the Temporary Disability Retired List 
(TDRL). On 12 May 1972, the applicant was removed from the TDRL 
and received a permanent disability retirement. 

 

The applicant’s DD Form 214, Armed Forces of the United States 
Report of Transfer or Discharge reflects award of the National 
Defense Service Medal (NDSM), Republic of Vietnam Campaign Medal 
(RVCM), Vietnam Service Medal (VSM), and the Small Arms Expert 
Marksmanship Ribbon (SAEMR). 

 

AFPC has verified the applicant’s entitlement to four additional 
Bronze Service Stars (BSS) to his previously awarded VSM, the 
Air Force Outstanding Unit Award with Valor (AFOUA w/V), the 


Presidential Unit Citation with one oak leaf cluster (PUC 
w/1OLC), and the Republic of Vietnam Gallantry Cross with Palm 
(RVNGC w/P), Air Force Good Conduct Medal, (AFGCM), and the Air 
Force Longevity Service Award (AFLSA). The applicant’s records 
will be updated to reflect these awards. 

 

The PH is awarded for wounds received as a direct result of 
enemy actions (e.g., forced aircraft or shrapnel wounds, hand-
to-hand combat wounds, 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 aircraft’s evasive measures 
against hostile fire. 

 

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AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant 
did not provide sufficient evidence to verify his injury, or 
that it was a direct result of enemy action. Additionally, the 
applicant, by his own admission, stated his injuries were 
sustained as an indirect result of enemy action. 

 

DPSIDR states that the applicant has made three previous 
requests for award of the PH, all of which have been denied. 

 

The complete DPSIDR evaluation, with attachment is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states he was wounded by shrapnel during the TET 
Offensive, which was a direct hostile military action during the 
Vietnam War. His section of the Nha Trang Air Force Base was 
under attack and everyone was taking cover while trying to 
defend and hold off the enemy. After the temporary “all clear” 
was given, he turned in his flack jacket and M-16 Rifle. As he 
turned to walk away, an airman told him he had a bloody patch on 
the upper back of his left shoulder and needed to report to the 
dispensary. He was treated at the Nha Trang hospital and was 
told by a medic “we’re going to take care of you for this.” 

 

The applicant’s complete submission is at Exhibit E. 

 

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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. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we are not persuaded that his injuries 
were the direct result of enemy action or friendly fire as 
required for award of the PH. In addition, 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. The personal sacrifice the applicant 
has endured for his country is noted and our decision is not 
intended in any way to lessen the importance of his service; 
however, insufficient documentary evidence has been presented to 
warrant awarding him the PH. Therefore, in the absence of 
evidence to the contrary, we find no basis to recommend granting 
the relief sought in this application. 

 

4. The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to the Board’s understanding of the issues 
involved. Therefore, the request for a hearing is not favorably 
considered. 

 

_________________________________________________________________ 

 

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-2010-04396 in Executive Session on 24 May and 9 June 2011, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

 

 


 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2010-04396 was considered: 

 

 Exhibit A. DD Form 149, dated 16 Nov 11, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. HQ AFPC/DPSIDR, Letter, dated 8 Apr 11, w/atch. 

 Exhibit D. SAF/MRBR, Letter, dated 22 Apr 11. 

 Exhibit E. Applicant’s Response, dated 12 May 11, w/atchs. 

 

 

 

 

 Panel Chair