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
2
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
3
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