RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03124
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
While stationed in Vietnam he sustained an injury to his right
ankle due to an enemy mortar attack. He was treated by the
dispensary and declined the PH.
In support of his appeal, the applicant provides copies of
documents extracted from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
According to the applicants military personnel records, he
served on active duty from 26 Oct 65 through 14 Feb 69. He
served in Vietnam from 17 Aug 67 through 15 Aug 68.
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 that the wound required 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 while serving as an
aircraft member in a passenger status as a result of the
aircrafts evasive measures against hostile fire, or Post
Traumatic Stress Disorder.
The applicant provided a copy of Standard Form (SF) 600, medical
note that reflects the applicant twisted his ankle. The medical
note does not reflect if the ankle injury was caused by direct
enemy action.
On 20 Sep 11, AFPC/DPSIDRA notified the applicant of their
determination of his entitlement to four Bronze Service Stars
(BSS) to his previously awarded Vietnam Service Medal (VSM), the
Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), the
Republic of Vietnam Campaign Medal (RVCM), and their action to
correct his records administratively.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDRA recommends denial noting there has been no
official documentation located or provided showing his injury was
caused as the direct result of enemy action.
The complete AFPC/DPSIDR evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant
on 5 Oct 11 for review and comment within 30 days. As of this
date, no response has been received by this office (Exhibit D).
_________________________________________________________________
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 an injustice. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinion and the
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. We
note the Air Force OPR has verified the applicants entitlement
to four BSS on his previously awarded VSM, the RVNGC w/P, and the
RVCM; his record will be administratively corrected. Therefore,
while we are not unmindful or unappreciative of the applicants
service to his Nation, in the absence of evidence to the
contrary, we find no basis to recommend granting any relief
beyond that rendered administratively.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; 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-2011-03124 in Executive Session on 3 Apr 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Jun 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 20 Sep 11.
Exhibit D. Letter, SAF/MRBR, dated 5 Oct 11.
Panel Chair
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