RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02141
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 7 Nov 66, he received a head injury when his aircraft
experienced engine failure during a short field takeoff.
In support of his appeal, the applicant provides a statement and
documents extracted from his military personnel and service
medical records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant is a former Air Force Reserve member who retired on
1 Jan 70.
The applicant served in Vietnam from 24 Sep 66 through 16 Sep 67.
On 7 Nov 66, he was injured when his aircraft had engine trouble
and he had to perform a bush landing.
In accordance with AFM 900-3, during the period in question, the
Purple Heart (PH) was awarded for wounds received in action
against an enemy, or as a direct result of an act of any enemy,
opposing armed force, or hostile foreign force. For the purpose
of considering award of the PH, a wound was defined as an injury
to any part of the body from an outside force or agent. A
physical lesion was not required, provided the concussion or
other form of injury received was due to direct enemy, opposing
armed force, or hostile foreign force action.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of the
Air Force, which are attached at Exhibit C.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDRA recommends denial noting that while the applicant
was involved in an aircraft accident and was injured, the injury
was not combat-related. Furthermore, there has been no official
documentation located or provided showing his injury was the
direct result of enemy action.
The complete AFPC/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 5 Aug 11 for review and comment within 30 days. As of this
date, no response has been received by this office (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 an error or an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we are not persuaded the applicants
injury meets the criteria to be eligible for the PH. In this
respect, we not that during the period in question, the PH was
awarded for wounds received in action against an enemy, or as a
direct result of an act of any enemy, opposing armed force, or
hostile foreign force. In view of this, and noting the
circumstance surrounding his injury as a result of a forced
landing, we are not convinced his injury was caused either while
engaged in action against the enemy or as a direct result of
enemy action a prerequisite for entitlement to the PH. The
applicant states that following the forced landing the aircraft
was examined and the area Forward Air Control (FAC) commander
indicated there was a nick on the propeller shaft, which they
thought had caused the engine to quit and was believed to have
been caused by a bullet, noting there was a South Vietnamese Army
unit a quarter of a mile from the airport. However, we find no
corroborative evidence to confirm the nick was caused by enemy
action. Further, assuming arguendo the nick was caused by a
bullet from a South Vietnamese Army unit in the vicinity, as the
applicant alludes, it would not meet the criteria of enemy action
since they were not the enemy or a hostile force. While we
appreciate the applicants service and sacrife as an FAC during
the Vietnam War, in the absence of evidence indicating his injury
was the result of enemy action or while engaged in action against
the enemy, we find no basis upon which to recommend favorable
consideration of his request.
_________________________________________________________________
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-2011-02141 in Executive Session on 9 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 2 Jun 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 26 Jul 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11.
Panel Chair
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