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 applicants 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 aircrafts 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 applicants 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 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 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 applicants
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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