RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-04630
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. His DD Form 214, Report of Separation from Active Duty, be
corrected to reflect his Vietnam service.
2. He be awarded the Purple Heart (PH) for a head injury
received during a rocket attack while on temporary duty (TDY) to
Da Nang Air Base (AB) Republic of Vietnam.
________________________________________________________________
APPLICANT CONTENDS THAT:
While stationed at Ching Chuan Kang (CCK) AB, Taiwan he was
assigned on temporary duty as an aircraft refueler at DA Nang
AB, Vietnam, from 22 July 1972 through 1 September 1972.
During a rocket attack on Da Nang, while performing his duties,
he was struck across the back of the head by an unknown object.
He reported to the base hospital and received stitches for the
head wound. He was not aware that he was entitled to the PH for
his head wound. He should have been awarded the PH because this
incident happened in a war zone while he was on active duty.
The head wound led to his medical retirement, for seizure
disorder, in 1991.
Within a month of his retirement he was diagnosed with diabetes.
He is the only member of his family with diabetes. The diabetes
was caused by his exposure to Agent Orange in the water they
drank and showered in while at Da Nang AB.
In support of his request the applicant submits a personal
statement and a copy of his White House correspondence package.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on
8 September 1970 and was honorably discharged on 2 April 1974.
He served 3 years, 6 months and 25 days of active duty, of
which, 1 year, 2 months, and 28 days is credited as Foreign
and/or Sea Service.
The applicants DD Form 214 does not reflect Vietnam service or
award of the PH.
______________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPAPP recommends denial. DPAPP states a review of the
applicants Master Personnel Records and documentation submitted
failed to provide any documents that substantiate foreign
service time in Vietnam. They were able to verify and confirm
foreign service boots on the ground at Ching Chuan Kang Air
Base, Taiwan, from 20 March 1972 to 16 June 1973, which is
correctly reflected on the applicants DD Form 214.
The complete AFPC/DPAPP evaluation is at exhibit C.
AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant
has not provided a detailed personal account to include a date
of injury, medical documentation verifying he received a wound
as a direct result of enemy action that required medical
treatment, and eyewitness statement(s) to support his claim.
Furthermore, the Directorate of Assignments has been unable to
verify boots on the ground in Vietnam.
The Purple Heart (PH) is awarded for wounds received as a direct
result of enemy actions (e.g., gunshot or shrapnel wounds, hand-
to-hand combat wounds, forced aircraft bail-out injuries, etc.).
In addition, it is necessary that the wound required or received
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 as a result of the aircrafts evasive measures against
hostile fire, or Post-Traumatic Stress Disorder.
Agent Orange is a defoliant that was administered by the United
States government. Exposure to Agent Orange is not a qualifying
injury for which the PH is awarded. Chemical, biological, or
nuclear agents not released by an armed enemy of the United
States do not qualify for entitlement to the PH.
The complete AFPC/DPSIDRA evaluation is at exhibit D.
______________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force Evaluations were forwarded to the
applicant on 24 February 2012 for review and comment within
30 days (Exhibit E). To 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. 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 responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. Therefore, we
find no basis to favorably consider 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 this application
BC-2011-04630 in Executive Session on, 17 July 2012 under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149 dated 4 August 2011, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPAPP, dated 28 December 2011.
Exhibit D. Letter, AFPC/DPSIDRA, dated 6 February 2012.
Exhibit E. Letter, SAF/MRBR, dated 24 February 2012.
Panel Chair
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