RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02034
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He would like his Purple Heart (PH) Medal added to his DD Form
214, Armed Forces of the United States Report of Transfer or
Discharge.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The PH Medal is not annotated on his DD Form 214.
The applicant does not provide any supporting documentation.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served in the Regular Air Force and was
progressively promoted to the grade of staff sergeant (E-5).
In order to be awarded the PH: You must have received wounds 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 that the wound
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 or Post-Traumatic Stress
Disorder.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicant was
not able to provide any medical documentation stating that his
injuries were the direct result of enemy action, and that he
received treatment for his injuries. Additionally, he has not
provided any eyewitness statements that would attest to the fact
his injuries were combat related. The applicant did provide a
statement to the Air Force Physical Evaluation Board on 11 Aug
66, which described the bomb explosion and resulting injuries.
However, due to DPSIDR not being able to locate any documentation
to support his claim that his injury was combat-related, they
cannot support this request.
The DPSIDR complete evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 28 Oct 11 for review and comment within 30 days. As of this
date, this office has received no 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. Sufficient relevant evidence has been presented to
demonstrate the existence of injustice. Although we could not
confirm that the applicant was previously awarded the PH as he
contends, we are persuaded by the documentation recorded in his
official records that it is possible he was indeed wounded by an
enemy of the United States while serving in Saigon, Vietnam, in
1965. Specifically, evidence of the applicants injury is noted
on the Medical Board Report. As such, we find the evidence of
record sufficient to resolve any doubt in favor of the applicant
and believe it is in the interest of equity and justice to
correct his records to reflect the award of the PH. Therefore,
we recommend his records be corrected as indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was awarded
the Purple Heart for injuries he received in action against an
enemy of the United States when a bomb exploded in Saigon,
Vietnam, on December 4, 1965.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2011-02034 in Executive Session on 29 Nov 11, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 17 May 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 28 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.
Panel Chair
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