RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01863
COUNSEL:
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart
(PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Upon returning from a combat mission in Vietnam, he was seriously
injured when his aircraft crash landed.
In support of his appeal, the applicant provides a statement and
documents extracted from his military personnel and Department of
Veterans Affairs (DVA) records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants records reflect he served on active duty in the
Air Force from 17 Oct 66 through 24 Aug 73 and was permanently
retired for physical disability on 25 Aug 73.
According to a 15 Aug 73 Physical Evaluation Board (PEB) Summary
Statement, the applicant sustained severe injuries on 8 Mar 70
when his aircraft crashed, which resulted in the amputation of
his right arm and both legs, as well as ulnar nerve palsy of the
left arm. The Summary Statement further reflects the applicants
injuries were caused by an instrumentality of war in time of war.
The applicant is receiving disability compensation from the
Department of Veterans Affairs (DVA) at the rate of 100 percent.
He also receives a special monthly compensation due to his higher
level of need for assistance.
On 8 Jan 91, in response to the applicants request for award of
the PH Medal, the Recognition Programs Branch informed the
applicant the documentation he provided did not substantiate his
injuries were incurred as the direct result of a hostile foreign
force.
The PH is awarded for wounds received as a direct result of enemy
actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat
wounds, forced aircraft bailout injuries, etc.). In addition, it
is necessary that the wound required 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 while serving as an
aircrew member or in a passenger status because of the aircrafts
evasive measures against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states they were unable
to locate any documentation that verifies the applicants
injuries were combat-related. There was no medical documentation
provided which would verify the aircraft crash and his resulting
injuries were the direct result of enemy action. Furthermore,
there were no statements from an eyewitness who can verify the
circumstances of the incident.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants advocate reiterates the applicant should be
entitled to the PH Medal due to the fact the applicant was taking
fire during landing. In support of his response, he provides a
supporting statement which cites various errors in the accident
investigation report related to the cause of the accident.
The applicants complete rebuttal, with attachments, is at
Exhibit E.
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission, to include the
rebuttal response, in judging the merits of the case; however, we
agree with the opinion and the recommendation of the Air Force
office of primary responsibility and adopt its rationale as the
basis for our conclusion that the applicant has failed to sustain
his burden of proof of the existence of an error or injustice.
We are not persuaded the information provided by the applicant
and his records substantiate the injuries he incurred were combat
related and a direct result of enemy action. While we are not
unmindful or unappreciative of the applicants service to his
Nation, in the absence of evidence substantiating he was injured
as a direct result of enemy action, 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 our understanding of the issue(s)
involved. Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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 AFBCMR Docket
Number BC-2011-01863 in Executive Session on 2 Feb 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 28 Apr 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 21 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11.
Exhibit E. Letter, Applicants Advocate, dated 16 Nov 11.
Panel Chair
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