RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02039
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart
(PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 23 Jun 71, he was injured by grenade shrapnel at Phan Rang Air
Base, Republic of Vietnam.
In support of his request, the applicant provides copies of a
Standard Form 600, Chronological Record of Medical Care; an AF
Form 348, Line of Duty Determination; Standard Form 565-5, Clinical Record Cover Sheet, and a letter from his Veterans
Service Officer.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty from 30 Oct 51 to 30 Jun 73.
The applicant was injured by grenade shrapnel thrown by persons
unknown. A line of duty determination found his injury to be in
the line of duty.
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 or received 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 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.
The remaining relevant facts pertaining to this application are
contained in the evaluation prepared by the appropriate office of
the Air Force found at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states there is no
official documentation substantiating the applicants injuries
were caused by direct enemy action.
Although the applicant has provided medical documentation
verifying that he received shrapnel wounds due to two grenades
exploding at a squadron party on 23 Jun 71, the Line of Duty
Determination, dated 23 Jun 71, states it is not known who caused
the grenades to go off. There is no documentation in his record
that would substantiate Phan Rang Air Base was under attack by an
armed enemy at approximately 2300 hours on 23 Jun 71.
The complete DPSIDRA evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
On 22 Jul 11, a copy of the Air Force evaluation was forwarded to
the applicant for review and comment within 30 days. To date, a
response has not been received (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. After
thoroughly reviewing the evidence of record and the applicants
contentions, we are not persuaded the requested relief should be
granted. In weighing the evidence, we could not determine his
injuries were the direct result of enemy action. The applicants
personal sacrifice and unselfish service to his country is noted
and our decision in no way lessens our regard for his service;
however, without documentation to substantiate his injury was the
direct result of enemy action, we are unable to recommend
granting his request for the Purple Heart. Therefore, in the
absence of evidence to the contrary, we agree with the opinion of
the Air Force office of primary responsibility and 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-2011-02039 in Executive Session on 5 Jan 12, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 23 Jun 11, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 6 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11.
Chair
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