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 aircrafts 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 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. 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 applicants military
personnel records contain a Report of Medical Examination, dated
12 Jun 71; however, the examiner does not note the scars on the
applicants 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 applicants 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
applicants 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 applicants 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. Applicants Letter, dated 21 Dec 11, w/atchs.
Panel Chair
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