RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-02388
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
________________________________________________________________
APPLICANT CONTENDS THAT:
While assigned in Vietnam, his unit suffered a mortar attack
resulting in numerous casualties. Personnel who reported to the
base clinic were submitted for the PH. He was knocked down by a
blast, but did not feel he was seriously injured and joined in
fighting the fires, as it was one of his duties. He fought
fires until the next evening when his commander sent him to bed.
When he woke up, his leg was painful and bruised. The next
morning he went to the clinic and discovered his leg was broken.
The clinic did not put him on the list for the PH because two
days had passed since the mortar attack.
His supervisor, who was due to depart Vietnam in Dec 66, told
him he deserved the PH and said he would submit him for the
award.
His supervisor showed him a copy of his airman performance
report (APR) and the PH submission and explained that he did not
have enough time to complete the process prior to his departure;
however, his new supervisor would walk the paperwork through.
He departed Ton Son Nhut Air Base, Republic of Vietnam on 2 Feb
67. When he arrived at Mather AFB, CA, he discovered his APR
was changed from a 10 to a 6 rating and the PH paperwork was
missing.
In support of his request, the applicant provides a personal
statement, copies of his DD Form 214, Certificate of Release or
Discharge from Active Duty, his retirement orders, and a
personal statement from his wife.
The applicant's complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant served on active duty in the Regular Air Force
from 21 Jan 63 to 31 Jan 91 and retired in the grade of senior
master sergeant (SMSgt).
His DD Form 214 reflects 28 years of total active service, which
includes 13 years, 5 months, and 23 days of Foreign Service.
He served with the 377th Civil Engineering Squadron, Tan Son Nhut
Air Base, Republic of Vietnam from Feb 66 to Feb 67.
The PH is awarded for wounds or death as a result of an act of
any opposing armed force, as a result of an international
terrorist attack or as a result of military operations while
serving as part of a peacekeeping force. 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. A detailed personal account of the circumstances
surrounding the injury is required to include specifics as to
how the injury occurred, exact date of injury, unit of
assignment, and rank held at the time of the injury. If
possible, an eyewitness account should be provided from
individuals who saw the injury and can attest to the
circumstances surrounding the personal account.
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/DPSIDR recommends denial. DPSIDR states they were unable
to locate a certificate or special order for the PH.
DPSIDR states the applicant provided a detailed statement
describing the circumstances surrounding his injury, however
there was no date given and no eyewitness statements provided.
DPSIDR states that although his wife made a statement, it was
second hand and based on the applicants statement. DPSIDR
states they were unable to locate medical documentation in the
applicants military personnel file that supports a claim of an
injury he sustained in Vietnam.
The complete DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided an eye witness statement that
corroborates the events surrounding his injury.
The eyewitness states he was a friend and co-worker while they
were both stationed at Ton Son Nhut Air Base, Republic of
Vietnam from 66 to 67. He recalls the dorm they lived in was at
the end of the taxiway when a mortar attack in 66 hit the Civil
Engineering compound, the taxiway, and a JP4 (jet propellant)
tank. The witness states they were called to work between
2:00 a.m. and 3:00 a.m. to assist in fighting the fire caused by
the attack. Many people, including the applicant, who sustained
a leg injury, were wounded. He states the applicant did not
seek medical assistance until several days after the attack.
The eye witness states that the applicants supervisor submitted
him for award of the PH; however, the paperwork never made it to
the appropriate office for finalization. He hopes his statement
will help the applicant receive the honor he deserves.
The applicant states he could not provide a certificate or
special order for the PH because his supervisor during the last
month of his assignment in Vietnam disposed of the PH paperwork
prepared by his previous supervisor of 11 months.
He also states he cannot recall the exact day of the attack that
occurred at Ton Son Nhut Air Base, Republic of Vietnam, but the
base was only attacked once or twice in 66. The Petroleum, Oil,
and Lubricants (POL) tank area was attacked only once in 66. He
states this should not be difficult to verify since he was
injured during this attack.
Regarding medical documentation, the applicant states he was
treated for his injuries at the base clinic. He was given an
x-ray and placed in a cast for eight weeks. He states this
should be in his military medical records and does not feel this
is difficult to verify.
Although he had multiple injuries, he thought they would heal.
However, after many years his injuries have progressively become
worse. According to the applicant, the Veterans Medical Center
in XXXXXXX, FL, advised him both shoulders and knees require
replacement. He states he has been granted military connected
disability for his shoulders and knees.
The applicants complete response, with attachment, 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 an error or injustice. After a
thorough review of the available evidence of record, we are not
persuaded the applicant should be awarded the PH Medal. Although
the applicant provided a witness statement to corroborate his
claim, there was no evidence presented which confirms that he was
medically treated for any wounds incurred as a direct result of
enemy fire. While the applicant states he was treated for his
injuries at the base clinic and placed in a cast for eight weeks,
we did not find any documents in his medical records to reflect
this. Should he secure supporting medical documentation, we would
be willing to reconsider this application. Otherwise, without
persuasive evidence he was wounded as a direct result of enemy
action, we find no basis to recommend favorable consideration of
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 AFBCMR BC-2011-
02388 in Executive Session on 8 Mar 12, under the provisions of
AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered in AFBCMR BC-
2011-02388:
Exhibit A. DD Form 149, dated 8 Jun 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR dated 5 Dec 11.
Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11.
Exhibit E. Rebuttal, Applicant, dated 10 Jan 12 w/atch.
Panel Chair
AF | BCMR | CY2011 | BC-2011-04001
The applicants record states he received medical treatment in Jun 70 for a back injury he experienced at Bien Hoa Air Base, Vietnam, while working on a construction project. After thoroughly reviewing the evidence of record and noting the applicants contentions, we find no evidence which would lead us to believe the applicants injuries were a direct result of enemy action as required for award of the PH. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2011 | BC-2011-02891
DPSIDR states the applicant provided as evidence a personal statement dated 17 May 11, which contains a detailed description of the incident, as well as his visit to the doctor after being evacuated. Also, he provided an eyewitness account dated 17 Jun 11. The eyewitness statement supports the applicants description of the incident; however, neither the applicant nor the eyewitness mention the dates or rank of the applicant at the time of the incident.
AF | BCMR | CY2010 | BC-2010-02891
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02891 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Vietnam Service Medal (VSM) administratively corrected. After a thorough review of the available evidence and applicants complete submission, we find no evidence the applicants records should be corrected to show he was...
AF | BCMR | CY2007 | BC 2007 03942
In support of his application, the applicant submits personal statements, and copies of Executive Order 11016, correspondence in connection with his quest for the PH medal, photos, news articles, identification cards, a civilian performance letter, and military discharge documents. Subsequent to his release from active duty, the applicant became a technical representative for Fairchild Camera and Instrument and was assigned to Kadena Air Base, Japan. ...
AF | BCMR | CY2011 | BC-2011-02034
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. 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. 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...
AF | BCMR | CY2011 | BC-2010-02915
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS While the applicant’s service medical records indicate he was injured during enemy action while running to a bunker, the applicant did not provide the date of the injury or how it was sustained. Finally, with respect to his request for three bronze service star devices for his previously awarded Vietnam Service Medal (VSM), we note the Air Force office of primary responsibility has determined his eligibility for one Silver Service Star...
AF | BCMR | CY2006 | BC-2006-00534
_________________________________________________________________ APPLICANT CONTENDS THAT: He never received the award for his injury. Medical entries in the applicant’s military medical records at Exhibit B, and provided by him at Exhibit A, for the period 14 Oct-11 Nov 69 reflect he sustained an injury to his right ring finger from a forklift on 14 Oct 69. A complete copy of the HQ AFPC/DPPPR evaluation is at Exhibit...
AF | BCMR | CY2011 | BC-2011-04235
Joint Service Commendation Medal (JSCM). The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility which is included at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial, indicating there is no evidence of an error or injustice. We note the Air Force OPR has determined the applicants entitlement to the Meritorious...
AF | BCMR | CY2011 | BC-2011-01863
There was no medical documentation provided which would verify the aircraft crash and his resulting injuries were the direct result of enemy action. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicants advocate reiterates the applicant should be entitled to the PH Medal due to the fact the applicant was taking fire during landing. ...
AF | BCMR | CY2011 | BC-2010-01419
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS In support of his request, the applicant provides excerpts from his military personnel records, which include copies of his enlistment record, honorable discharge certificate, and rosters related to his assignment at Wheeler Army Airfield, HI, and his subsequent hospitalization. After a thorough review of the available evidence, a majority of the Board is persuaded he is entitled to the PH Medal.