AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 

 
 
 

 
 

 
 

 
 
 

 
 
 

DOCKET NUMBER:  BC-2011-04989 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
 
     
 
     
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT:  
 
His  records  be  corrected  to  reflect  he  was  awarded  the  Purple 
Heart (PH) Medal. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
He believes he should have been awarded the Purple Heart for an 
injury he received during combat activity on 20 June 1969, while 
stationed at 3rd TAC Fighter Wing Bien Hoa Air Base, Vietnam.  He 
was  seeking  cover  during  a  rocket  attack  and  injured  his  knee.  
He  believes  someone  just  did  not  do  their  job  regarding  the 
award  of  this  medal.    He  recently  learned  that  he  is  eligible 
for the award due to his combat injury.   
 
In  support  of  his  appeal,  the  applicant  submits  a  supporting 
statement,  copies  of  his  service  medical  records,  copies  of 
medical  records  from  the  Department  of  Veteran’s  Affairs  (DVA) 
and other supporting documentation. 
 
The  applicant’s  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The  applicant  is  a  former  member  of  the  Regular  Air  Force  and 
was honorably discharged on 12 July 1978. 
 
In accordance with AFM 900-3, during the period in question, the 
Purple  Heart  (PH)  was  awarded  for  wounds  received  in  action 
against an enemy, or as a direct result of an act of any enemy, 
opposing armed force, or hostile foreign force.  For the purpose 
of considering award of the PH, a wound was defined as an injury 
to  any  part  of  the  body  from  an  outside  force  or  agent.    A 
physical  lesion  was  not  required,  provided  the  concussion  or 
other form of injury received was due to direct enemy, opposing 
armed force, or hostile foreign force action. 
 

The remaining relevant facts pertaining to this application are 
contained  in  the  letter  prepared  by  the  Air  Force  office  of 
primary responsibility which can be found at Exhibit C. 
 
________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIDR  recommends  denial.    The  applicant  was  injured  on 
20 June  1969,  when  he  fell  into  a  ditch  attempting  to  find 
shelter during a rocket attack on Bien Hoa Air Base.  A review 
of his medical record reveals he injured both knees while broad 
jumping  in  junior  high  school.    The  applicant  states  his  knee 
injury  as  well  as  his  shoulder  and  back  injury  precluded  him 
from entering the service for several years.  Subsequent to the 
incident,  the  applicant  underwent  surgery  on  his  left  knee  in 
1977  after  he  injured  his  knee  while  lifting  an  object  from  a 
car. 
 
The  applicant  has  provided  documentation  showing  he  received 
medical  attention  shortly  after  he  sustained  an  injury  in 
Vietnam.    However,  there  is  nothing  in  his  record  to  indicate 
his  injury  was  a  direct  result  of  action  involving  an  opposing 
armed  force.    The  account  of  the  incident  only  mentions  the 
applicant slipped as he was attempting to enter a bunker during 
a  rocket  attack  which  resulted  in  injury  to  his  knee.    The 
medical record verified he had a history of accidents involving 
his  left  knee  that  occurred  both  prior  and  subsequent  to  the 
injury at Bien Hoa Air Base in 1969.   
 
They were unable to locate medical documentation to support the 
applicant’s  claim  that  his  injury  was  the  result  of  action 
involving an opposing armed force.   
 
The complete DPSIDRA evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 
 
The applicant states the argument made by the Air Force advisory 
writer  regarding  his  knee  injuries  prior  to  his  service  has  no 
bearing  on  the  fact  he  sustained  injuries  in  Vietnam.    His 
preexisting  injuries  did  not  keep  the  draft  from  approving  him 
for  military  service  and  did  not  keep  him  from  passing  every 
physical  fitness  test  and  meeting  all  the  fitness  requirements 
during his service. 
 
The  injuries  to  his  knees  during  the  rocket  attack  in  Vietnam 
resulted  in  military  doctors  placing  him  on  a  medical  profile 
that  kept  him  from  performing  duties  that  affected  his  knees.  
That  was  a  direct  result  of  his  injuries  during  the  rocket 
attack.   
 

 

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He agrees with the Air Force advisory on two things:  The injury 
must  have  been  a  direct  result  of  an  act  of  an  enemy  of  the 
United  States.    The  rocket  attack  in  Vietnam  serves  to  satisfy 
that  requirement.    Secondly,  the  injury  must  have  required 
treatment,  not  just  an  examination.    The  medical  record 
submitted  as  evidence  clearly  states  that  treatment  was 
administered.  The fact that the treatment was the placement of 
an Ace bandage for support does not minimize the treatment. 
 
Military personnel are not required to recommend the award of a 
PH,  so  this  arbitrary  judgment  as  to  the  degree  of  injury  to 
qualify is not a factor.  It is clear that his injury occurred 
as a result of a hostile force in a combat zone.  His injuries 
are  real  and  he  continues  to  suffer  the  physical  and  medical 
consequences of those injuries. 
 
The  applicant’s  complete  response,  with  attachments,  is  at 
Exhibit E. 
 
________________________________________________________________ 
 
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.  Sufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  an  error  or  injustice.    We  took 
note  that  AFPC/DPSIDR  recommends  denial  of  the  Purple  Heart 
based  on  the  absence  of  medical  documentation  to  support  his 
injury  claim.    However,  we  are  persuaded  by  the  documentation 
recorded in his official records that he was treated for a knee 
injury  while  attempting  to  enter  a  bunker  during  a  rocket 
attack;  a  direct  result  of  action  involving  an  opposing  armed 
force while in Vietnam.  In view of this, we find the evidence 
of  record  sufficient  to  resolve  any  doubt  in  favor  of  the 
applicant  and  believe  it  is  in  the  interest  of  equity  and 
justice  to  correct  his  records  to  reflect  the  award  of  the 
Purple Heart.  Therefore, we recommend his records be corrected 
as indicated below. 
 
________________________________________________________________ 
 
THE BOARD DETERMINES THAT: 
 
The  pertinent  military  records  of  the  Department  of  the  Air 
Force  relating  to  APPLICANT  be  corrected  to  show  that  he  was 
entitled  to  the  Purple  Heart  Medal  for  injuries  received  in 
Vietnam on 20 June 1969. 
 
________________________________________________________________ 

 

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, Panel Chair 
, Member 
, Member 

 
The following members of the Board considered BCMR Docket Number 
BC-2011-04989  in  Executive  Session  on  17  July  2012,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
All  members  voted  to  correct  the  record,  as  recommended.    The 
following documentary evidence was considered: 
 
    Exhibit A.  DD Form 149, dated 8 Dec 11, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIDR, dated 4 Apr 12. 
    Exhibit D.  Letter, SAF/MRBR, dated 12 Apr 12. 
    Exhibit E.  Applicant’s Response, dated 1 May 12, w/atchs 
 
 
 
 
 
 

 
Panel Chair 

  

 

 
 

 
 

 
 
 

 
 

 
 

 
 

 

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