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 aircrafts evasive measures
against hostile fire.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial. DPSIDR states the applicants
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 applicants
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 applicants 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
applicants contentions, we find no evidence which would lead us
to believe the applicants 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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