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AF | BCMR | CY2011 | BC-2011-02891
Original file (BC-2011-02891.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-02891 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH). 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. While serving at Da Nang Air Base, Republic of Vietnam, he 
was injured while seeking cover during an attack. He was hit by 
metal shrapnel in his back and left shoulder from an exploding 
enemy 122 millimeter free rocket. The applicant further 
contends that he sought treatment for his injuries at a hospital 
in Da Nang; however, no medical records or x-rays were kept. 

 

2. He was stitched up, given morphine and returned back to the 
flight line to resume his duties as a crew chief. 

 

In support of his request, the applicant provides a personal 
statement, an eyewitness statement, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or 
Discharge; AF Form 1098, Personnel Action Request; SF Form 600, Chronological Record of Medical Care; AF Form 7, Airman Military 
Record and other documentation in support of his application 

 

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

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 1 Jul 66, the applicant enlisted in the Regular Air Force. 

 

On 10 Apr 70, he was honorably discharge. He served three years, 
nine months and nine days of total active service. 

 

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

 

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. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

HQ AFPC/DPSIDR recommends denial. 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 was another 
crew chief in the same unit and on the same shift. The 
eyewitness statement supports the applicant’s 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. In addition, the eyewitness statement is not a sworn 
affidavit. 

 

The applicant provided two SF Form 600s, dated 7 and 18 Mar 68. 
However, DPSIDR was unable to determine if the date of the 
medical care was the date of the injury described by the 
applicant and the eyewitness. The applicant’s military 
personnel records contain a Report of Medical Examination, dated 
12 Jun 71; however, the examiner does not note the scars on the 
applicant’s back and the applicant is quoted as denying any 
other significant medical or surgical history. 

 

The applicant describes his current scars as beginning just 
under his left shoulder blade and lower back and continues up to 
his right shoulder. The description does not correlate with the 
description on 7 Mar 68, and was not mentioned at all in the 
12 Jun 71 examination. 

 

DPSIDR states that the applicant has made a previous request for 
award of the PH, and on 23 Nov 11 it was denied. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

_________________________________________________________________ 

 

 

 

 

 


APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant states page 2, paragraph C of the AFPC/DPSIDR 
advisory states the “366 USAF dispensary entry does not describe 
injury as a wound or mention any enemy action.” He wants a copy 
of the medical regulation, if it exists, that required the 366 
dispensary in 1968 to have made a distinction between 
combat/non-combat. 

 

He questions whether the Air Force office of primary 
responsibility applied reasonable doubt principle/doctrine in a 
fair and equitable manner in situations like his. The applicant 
states reasonable doubt doctrine would be applicable even in the 
absence of official records, particularly if the basic incident 
allegedly arose under combat and is consistent with the probable 
results of such known hardships. 

 

The applicant’s complete submission, 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. Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice regarding the 
applicant’s request to be awarded the Purple Heart. In support 
of his contention, the applicant provided a personal statement, 
medical documentation, and an eyewitness statement from a member 
of his unit attesting to the fact that he pulled the applicant 
away from the aircraft and transported him to the hospital. We 
believe that this clearly satisfies the criteria for the Purple 
Heart since the applicant’s injury was incurred as a direct 
result of enemy action and required medical treatment. 
Therefore, in view of the above, we recommend that his records 
be corrected to the extent indicated below. 

 

_________________________________________________________________ 

 

THE BOARD RECOMMENDS THAT: 

 

The pertinent military records of the Department of the Air 
Force relating to the APPLICANT be corrected to show that he was 
awarded the Purple Heart for injuries he received in the 
Republic of Vietnam during the Tet Counteroffensive Campaign in 
1968. 

 

_________________________________________________________________ 
Deleted: 




 

The following members of the Board considered Docket Number 
BC-2011-02891 in Executive Session on 29 Mar 12, under the 
provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

 

All members voted to correct the record as recommended. The 
following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 14 Jul 11, w/atchs. 

 Exhibit B. HQ AFPC/DPSIDR, Letter, dated 28 Oct 11. 

 Exhibit C. SAF/MRBR, Letter, dated 9 Dec 11. 

 Exhibit D. Applicant’s Letter, dated 21 Dec 11, w/atchs. 

 

 

 

 

 

 Panel Chair 

 



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