RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03970
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:
While serving in Korea he was injured and his commander told him
that he would put him in for the PH Medal and promotion to staff
sergeant.
In support of his appeal, the applicant provides documents
extracted from his military personnel records.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicants DD Form 214, Report of Separation from the Armed
Forces of the United States, reflects he served on active duty
from 26 Oct 48 to 1 Aug 52.
WD AGO Form No. 8-24, Report Control Symbol Med 19, dated
25 Apr 52, indicates the applicant received second and third
degree burns to his lower extremities due to the accidental
detonation of an M-77 incendiary bomb while he was stationed in
Korea.
The PH Medal is awarded for wounds received as a direct result of
enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand
combat wounds, force aircraft bail out injuries, etc.). In
addition, it is necessary that the wound required or received
treatment by medical personnel. In-direct injuries do not meet
the criteria for the award of the PH Medal. 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 aircraft member in a
passenger status as a result of the aircraft evasive measures
against hostile fire or Post-Traumatic Stress Disorder.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDRA recommends denial noting the applicants injuries
do not meet the criteria for award of the PH Medal. The injuries
he sustained were not the direct result of enemy action and
therefore do not qualify for award of the PH Medal.
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 (Exhibit D).
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 he
has failed to sustain his burden of proof of the existence of an
error or injustice. Therefore, in the absence of evidence to the
contrary, 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-2011-03970 in Executive Session on 24 May 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 8 Oct 11, w/atchs.
Exhibit B. Applicants Master Military Personnel Records.
Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 23 Nov 11.
Exhibit D. Letter, SAF/MRBR, dated 9 Dec 11.
Panel Chair
AF | BCMR | CY2011 | BC-2011-03124
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.). 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...
AF | BCMR | CY2010 | BC-2010-01114
_________________________________________________________________ APPLICANT CONTENDS THAT: He was wounded and not awarded the PH. 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 bail out injuries, etc.). We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary...
AF | BCMR | CY2010 | BC-2010-00806
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00806 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). The complete HQ AFPC/DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He states his...
AF | BCMR | CY2011 | BC-2011-02381
DPSIDRA states 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.). DPSIDRA indicates that the applicant has not provided a detailed personal account, medical documentation verifying he received a wound as a direct result of enemy action that required medical treatment, and eye witness statement(s) to help support his claim. We note that although the applicant...
AF | BCMR | CY2007 | BC-2007-01576
Applicant’s complete submission is at Exhibit A. Wounds received as a result of action with enemy forces as “not applicable.” ___________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPPR reviewed this application and recommended denial, stating, in part, applicant requests award of the PH for injuries received during a bomb concussion from a North Korea or Chinese fighter plane. ...
AF | BCMR | CY2011 | BC-2011-01938
He believes it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. Commanders must also take into consideration the circumstances surrounding an injury even if it appears to meet the criteria. In support of his request, the applicant provides an SF Form 502, Medical Record - Narrative Summary, dated 15 Jul 67. ...
AF | BCMR | CY2010 | BC-2010-02353
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02353 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show award of the Purple Heart (PH). The applicants case was considered by the Purple Heart Review Board (PHRB) on 1 October 2010; however, his request was denied. We took notice of the applicant's complete submission in...
AF | BCMR | CY2010 | BC-2010-03144
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 bail out injuries, etc.). Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. The acts of heroism and personal sacrifice the applicant endured for our nation is noted; however, based on our review of the evidence...
AF | BCMR | CY2011 | BC-2011-02039
Although the applicant has provided medical documentation verifying that he received shrapnel wounds due to two grenades exploding at a squadron party on 23 Jun 71, the Line of Duty Determination, dated 23 Jun 71, states it is not known who caused the grenades to go off. The complete DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 22 Jul 11, a copy of the Air Force evaluation was forwarded...
AF | BCMR | CY2006 | BC-2005-03152
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03152 INDEX CODE: 107.00 COUNSEL: Clackmas County Veterans Service Ofc HEARING DESIRED: NO MANDATORY COMPLETION DATE: 18 FEBRUARY 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show he was awarded the Purple Heart (PH), the Korean Defense Service Medal (KDSM), the Small Arms Expert Marksmanship Ribbon...