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Decision Text

AF | BCMR | CY2011 | BC-2011-02170
Original file (BC-2011-02170.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02170 

COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH). 

 

_______________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He should have received the PH because of injuries he received 
when his L-19 aircraft crash landed during a combat support 
mission in Vietnam on 14 May 1963. He was offered the PH at the 
time; however, he refused it as he felt other people were more 
deserving of the award. 

 

In support of his appeal, the applicant provides copies of his DD 
Form 214, Certificate of Release or Discharge from Active Duty; 
special orders; Letter of Appreciation; and medical records. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant is a former member of the Regular Air Force who was 
released from active duty on 31 July 1981 and retired effective 
1 August 1981 in the grade of lieutenant colonel (O-5). He 
served 21 years and 6 months on active duty of which 4 years, 
11 months, and 19 days was Foreign Service. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the PH is awarded 
for wounds received as a direct result of enemy actions, (i.e., 
gunshot or shrapnel wounds, hand-to-hand combat wounds, forced 
aircraft bailout injuries, etc.). In addition, it is necessary 
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 or rocket attacks, aircraft bombings, 
grenades, and injuries incurred while serving as an aircraft 


member or in a passenger status because of the aircraft’s evasive 
measures against hostile fire or Post-Traumatic Stress Disorder. 

 

DPSIDR indicates there is no official documentation in the master 
personnel records that verifies the applicant’s injuries were as 
a direct result of enemy action. The applicant provided 
documentation verifying he was wounded and that he did receive 
medical treatment; however, the clinical record indicates that 
the incident was an “accident.” 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

During his second mission on 14 May 1963, he began to lose oil 
pressure in his single engine L-19 aircraft while on a mission in 
Vietnam. As a result, he had to return to base to make an 
emergency forced landing. Approximately one mile from the grass 
landing strip they were forced to land in the trees. He and his 
crew were picked up by a United States Army Helicopter and taken to 
a Vietnamese aid station. He was later transferred to Clark Air 
Base, Philippines, for skin grafting, and then air evacuated to 
Chanute Air Force Base, Illinois, for recovery. 

 

His injuries included a broken knee cap, severed tendon in the calf 
below the right knee, multiple lacerations on both legs requiring 
skin grafting on the left leg, severed lip and broken molar. 

 

Since the aircraft belonged to the Army Republic of Vietnam, he is 
not sure if any records were made available to the Air Force 
regarding the accident. The cause of the loss of engine oil could 
not be determined, but may have been from enemy ground fire. The 
lack of records troubles him, but he understands that some records 
were lost in a fire at the National Personnel Records Center many 
years ago. 

 

The applicant’s 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 error or injustice. We took notice 
of the applicant's complete submission in judging the merits of 


the case; however, we find no evidence to confirm the applicant’s 
injuries were as a result of direct enemy action. Therefore, we 
agree with the opinion and recommendation of the Air Force office 
of primary responsibility and adopt its rationale as the basis 
for our conclusion that the applicant has not been the victim of 
an error or injustice. Accordingly, in the absence of evidence 
to the contrary, we 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 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-2011-02170 in Executive Session on 14 February 2012, 
under the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered in connection 
with AFBCMR Docket Number BC-2011-02170: 

 

Exhibit A. DD Form 149, dated 6 Jun 11, w/atchs. 

Exhibit B. Applicant's Master Personnel Records. 

Exhibit C. Letter, AFPC/DPSIDR, dated 3 Oct 11. 

Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. 

Exhibit E. Letter, Applicant, dated 1 Dec 11. 

 

 

 

 

 

 Panel Chair 



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