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AF | BCMR | CY2012 | BC-2011-05125
Original file (BC-2011-05125.pdf) Auto-classification: Denied
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2011-05125 
COUNSEL: NONE 
HEARING DESIRED: NO 

IN THE MATTER OF: 
   
   
 
_________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be awarded the Purple Heart (PH). 
 
_________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
1. On 10 Jul 70, he was injured as a result of trying to open an 
overhead  hatch  aboard  a  C-130  cargo  aircraft  which  was  under 
duress  while  attempting  to  land  at  Cam  Ranh  Bay  Air  Base, 
Vietnam.  He was directed to pull the overhead latch as soon as 
the plane touched down; however, the plane was still pressurized 
so  he  had  to  overexert  himself  to  force  the  hatch  open  and  he 
“popped a hernia.”   
 
2.  His  squadron  was  deactivated  shortly  after  he  was  eligible 
for the award.   
 
In support of his request, the applicant provides copies of his 
medical  records,  a  personal  letter,  and  AF  Form  1042,  Medical 
Recommendation for Flying Duty.  
 
The  applicant's  complete  submission,  with  attachments,  is  at 
Exhibit A. 
 
_________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
On  31  May  74,  he  was  released  from  active  duty.    He  served 
20 years and 18 days of total active federal service.  
 
The PH is awarded to members of the United States Armed Forces 
who have been wounded, killed or who have died or may hereafter 
die of wounds received in action against an enemy of the United 
States or opposing force as a result of an act of any such enemy 
or  opposing  armed  force,  an  international  terrorist  attack  or 
during  military  operations  while  serving  as  part  of  a 
peacekeeping  force.    A  wound  for  which  the  award  is  made  must 
have  required  treatment,  not  merely  examination,  by  a  medical 
officer.    Additionally,  treatment  of  the  wound  shall  be 
documented in the Service member’s medical and/or health record.  
Award  of  the  PH  may  be  made  for  wounds  treated  by  a  medical 
professional  other  than  a  medical  officer,  provided  a  medical 

officer  includes  a  statement  in  the  Service  member’s  medical 
record that the extent of the wounds were such that they would 
have  required  treatment  by  a  medical  officer  if  one  had  been 
available to treat them.   
 
The remaining relevant facts pertaining to this application are 
contained  in  the  letter  prepared  by  the  appropriate  office  of 
the Air Force, which is attached at Exhibit B. 
 
_________________________________________________________________ 
 
AIR FORCE EVALUATION: 
 
AFPC/DPSIDR  recommends  denial.    DPSIDR  states  they  were  unable 
to  locate  medical  or  eyewitness  documentation  to  support  the 
applicant’s  injury  was  the  result  of  action  involving  an 
opposing  Armed  Force.    Furthermore,  by  the  applicant’s  own 
admission, he suffered his injury as a result of the aircraft’s 
mechanical failures and not as a result of enemy action.   
 
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  10  Apr  12  for  review  and  comment  within  30  days 
(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 we are not persuaded 
that  he  has  been  the  victim  of  an  error  or  injustice.  
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 that 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  in  no  way  diminishes  the  high  regard  we  have  for  his 
service;  however,  insufficient  documentary  evidence  has  been 
presented  to  substantiate  that  he  has  a  qualifying  injury  that 

 

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warrants  award  of  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-
2011-05125  in  Executive  Session  on  10  Jul  12,  under  the 
provisions of AFI 36-2603: 
 
 
 
 
 
The following documentary evidence was considered: 
 
 
 
 
 
 
 
 
                                    
                                   Panel Chair  

Exhibit A.  DD Form 149, dated 23 Dec 11, w/atchs. 
Exhibit B.  Applicant's Master Personnel Records. 
Exhibit C.  Letter, HQ AFPC/DPSIDR, dated 29 Mar 12. 
Exhibit D.  SAF/MRBR, Letter, dated 10 Apr 12. 

  
  
  

Panel Chair 
Member 
Member 

 

  
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