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AF | BCMR | CY2011 | BC-2011-04001
Original file (BC-2011-04001.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2011-04001 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He receive the award elements for the Purple Heart (PH) he was 
awarded in 1970. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

1. While serving in Binh Thuy Air Base, Vietnam, he was injured 
while seeking cover during a mortar and rocket attack. He was 
thrown to the ground from the impact of a rocket which landed 
near him. 

 

2. He noticed blood was trickling down his right leg; his 
toenails were missing from both feet, and he experienced extreme 
pain in his back which contributed to his service-connected 
disability. 

 

3. His commander learned of his injuries; presented him with the 
PH several weeks later, and informed him that the paperwork 
would soon follow. 

 

4. He was reassigned to Bien Hoa, Air Base, Vietnam and inquired 
about the paperwork. His new commander stated “he would look 
into it;” however, before he could find out the status, he was 
sent back to the United States and discharged. 

 

5. It was not until he called “Medals of America” that he 
realized he never received the paperwork for the PH. 

 

In support of his request, the applicant provides a personal 
statement. 

 

The applicant's complete submission, with attachment, is at 
Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 5 May 66, the former member enlisted in the Regular Air 
Force. 

 


On 16 Mar 70, he was discharged with an honorable discharge. He 
had 4 years and 21 days of total active service. 

 

The PH is awarded for wounds received as a direct result of 
enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand 
combat wounds, and forced aircraft bailout injuries, etc). In 
addition, it is necessary that the wound required or received 
documented 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 or in a 
passenger status because of the aircraft’s evasive measures 
against hostile fire. 

 

_________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s 
official military records does not provide documentation of 
medical treatment immediately following the incident in 1969 or 
any eyewitness statement which would verify that his injury was 
the result of combat action with the enemy. The applicant’s 
record states he received medical treatment in Jun 70 for a back 
injury he experienced at Bien Hoa Air Base, Vietnam, while 
working on a construction project. The diagnosis was muscle 
sprain. 

 

Additionally, DPSIDR was unable to locate medical or eyewitness 
documentation to support the applicant’s claim that his injury 
was combat-related, which is a requirement in order to justify 
entitlement to the PH. 

 

The complete 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 16 Dec 11 for review and comment (Exhibit D). As 
of this date, this office has not received a response. 

 

_________________________________________________________________ 

 

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 error or injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we find no evidence which would lead us 
to believe the applicant’s injuries were a direct result of 
enemy action as required for award of the PH. Therefore, we 
agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice. The personal sacrifice the applicant 
endured for his country is noted and our decision is not 
intended in any way to lessen the importance of his service; 
however, insufficient documentary evidence has been presented to 
warrant awarding him the PH. 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 that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 Docket Number 
BC-2011-04001 in Executive Session on 1 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 6 Oct 11, w/atch. 

Exhibit B. Applicant's Available Military Records. 

 Exhibit C. HQ AFPC/DPSIDR, Letter, dated 1 Dec 11. 

 Exhibit D. SAF/MRBR, Letter, dated 16 Dec 11. 

 

 

 

 

 

 Panel Chair 

 



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