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AF | BCMR | CY2011 | BC-2011-03124
Original file (BC-2011-03124.txt) Auto-classification: Denied
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 applicant’s 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 
aircraft’s 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 applicant’s 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 applicant’s 
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. Applicant’s 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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