RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02592 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

His records be corrected to reflect award of the Purple Heart 
(PH). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He was not awarded the PH although he was wounded in combat 
against an enemy of the United States. 

 

While returning from a combat mission in Vietnam on 23 Jun 67, he 
was at a very low altitude and began a steep, full power climb 
and his engine quit. He was too low to recover and the aircraft 
crashed. The only way this would have happened was if his fuel 
tanks had been damaged. He had been under intense enemy fire and 
heard the aircraft taking hits. He researched and found out that 
award of the PH is automatic for an “Injury caused by a vehicle 
or aircraft accident resulting from enemy fire.” 

 

He believes the reason he was not awarded the PH was because he 
was assigned to an Army unit. 

 

He has since found that his Combat Related Special Compensation 
(CRSC) is affected by the award of the PH. 

 

In support of his request, the applicant provides a personal 
statement, and copies of his DD Form 214, Certificate of Release 
or Discharge from Active Duty, and Aeromedical Evaluation 
Summary, 13-17 Nov 67. 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served on active duty from 5 Jun 63 to 30 Jun 93. 
He was attached to the USAF Tactical Support Unit assigned to the 
173rd Airborne Brigade at the time of his injury. 

 

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 of the applicant’s request based on 
the lack of evidence establishing the aircraft crash was combat 
related. DPSIDR states the portion of an aeromedical evaluation 
summary, dated 17 Nov 67, provided as evidence, is missing all 
pages except for the first, and does not contain a signature. In 
addition, the summary describes the incident as an accident 
because the engine quit for unknown reasons. The applicant did 
not provide an eyewitness account of the incident, and DPSIDR was 
unable to locate any references to the incident in the 
applicant’s personnel records, other than a physical examination, 
which also refers to the injuries as being caused by an aircraft 
accident. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The medical authorities were using earlier medical records that 
he does not have, and they probably referred to the incident as 
an accident. However, those medical folks had no idea what 
happened to his aircraft as he was immediately sent to a casualty 
staging unit which was not near the forward combat area where the 
incident occurred. There had not been a determination of cause 
at the time. Even though medical records may say accident, the 
PH is awarded for accidents caused by enemy fire. He was under 
intense enemy fire and heard the aircraft taking hits. There 
must have been damage for the engine to quit when he performed a 
climb. Fuel starvation would cause a stalled engine, but he had 
plenty of fuel for the short mission, unless the fuel lines or 
tanks had sustained damage and drained the fuel. 

 


The review says it is necessary that the wound required or 
received treatment by medical personnel. The documentation he 
provided shows that to be the case. 

 

The additional information the reviewer says is necessary for 
award of the PH is as follows: The date of the injury was 23 Jun 
67, his rank was captain, and the unit of assignment was 19th 
Tactical Air Support Squadron, although he was assigned to the 
173rd Airborne Brigade at the time. 

 

He contacted the Air Force Historical Research Agency (AFHRA) to 
find a copy of the aircraft incident report; however, they could 
not help him. 

 

Regarding the statement made by the reviewer that there was no 
evidence the crash was combat related, he can think of no 
instance where flying a forward air controller aircraft in 
Vietnam would not be combat related. They were always armed and 
on call to control strikes when airborne. He has included a 
letter from AFPC/DPPD/CRSC which verifies his wounds were combat 
related. 

 

The applicant’s complete response 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. After 
thoroughly reviewing the evidence of record and the applicant’s 
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. Should the 
applicant provide an eyewitness statement from someone who 
witnessed the circumstances surrounding his injury, we would be 
willing to reconsider his request. The applicant’s 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 verify his entitlement 
to 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-2011-02592 in Executive Session on 13 Dec 11, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 4 Jul 11, w/atchs. 

 Exhibit B. Master Personnel Records 

 Exhibit C. Letter, AFPC/DPSIDRA, dated 24 Oct 11. 

 Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. 

 Exhibit E. Letter, Applicant, dated 18 Nov 11, w/atchs. 

 

 

 

 

 Panel Chair