RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03436
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect award of the Purple Heart
(PH) Medal.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was injured during a rocket attack while serving in Vietnam.
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:
The applicants records reflect he served on active duty in the
Air Force from 21 June 1971 through 26 September 1978.
The applicant served in Vietnam from 21 June 1971 through
19 October 1972.
The Standard Form (SF) 93, Report of Medical History, submitted
by the applicant reflects hip pin and knee pain 1971-1972,
Vietnam.
The PH is awarded for wounds or death as a direct 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 (i.e.,
gunshot or shrapnel wounds, hand-to-hand combat wounds, forced
aircraft bailout injuries, etc.). 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 or in a passenger
status as a result of the aircraft's evasive measures against
hostile fire. In addition, it is necessary that the wound have
required or received treatment by medical personnel.
The applicant requested assistance in seeking award of the PH
through his senatorial representative, and on 13 Feb 12, the
Board staff prepared a proposed response through SAF/LLI
(Exhibit E).
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial of the applicant's request for
award of the PH noting there was no evidence located or submitted
by the applicant to substantiate he sustained injuries as a
result of direct enemy action. There was no official
documentation found in the military records or provided by the
applicant that show he was recommended for or awarded the PH.
The applicant did not provide a detailed statement describing the
circumstances concerning his injury and there was no date given
for the injury. Also, the applicant did not provide any
eyewitness statements. The applicant stated he was flung from
the jeep as the driver had to make a hard left turn. If the
driver believed he was driving to avoid being hit by rockets,
this was an evasive action and not covered under the PH criteria.
The applicant further stated his seat was not bolted down, this
implies it was ejected from the jeep; therefore, this would be
negligence and not the 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 9 Dec 11, for review and comment within 30 days. As of this
date, no response has been received by this office.
_________________________________________________________________
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 failed to sustain his burden of proof of the
existence of an error or injustice. While we are not unmindful
or unappreciative of the applicants service to the Nation, in
the absence of evidence substantiating he was injured as a direct
result of enemy action, we find no basis to recommend granting
the relief sought in this application.
_________________________________________________________________
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-2011-03436 in Executive Session on 12 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 29 Aug 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDR, dated 23 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.
Exhibit E. Letter, AFBCMR, dated 13 Feb 12, w/atchs.
Panel Chair
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