AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 

 
DOCKET NUMBER: BC-2012-01153 
COUNSEL:  NONE 
HEARING DESIRED:  NO 

IN THE MATTER OF: 
 
    
   
 
________________________________________________________________ 
 
APPLICANT REQUESTS THAT: 
 
He be awarded the Purple Heart (PH) for injuries he received on 
9 May 1967. 
 
________________________________________________________________ 
 
APPLICANT CONTENDS THAT: 
 
On  9  May  1967,  the  aircraft  that  he  was  to  pilot  on  a  combat 
mission crashed on take-off.  
 
On 8 Feb 1971, the Physical Evaluation Board found him unfit for 
duty by an instrumentality of war, in the line of duty, during a 
period of war and also was a direct result of armed conflict in 
action against an enemy of the United States. 
 
He decided to submit this request at the urging of his family. 
 
His aircraft crashed during a combat take off to destroy a North 
Vietnamese convoy on the Ho Chi Min trail.  
 
He  was  loaded  with  bombs,  rockets,  and  double  fuel  tanks  under 
the  wings.    At  180  knots  a  loud  explosion  shook  the  aircraft.   
The left wheel came off and the out of control aircraft left the 
runway.    The  aircraft  then  ran  through  the  barrier  house  and 
burst into fire. 
 
When he pulled the egress handle all straps released except the 
right leg bailout strap.   When he attempted to manually release 
the  strap  flames  came  roaring  through  the  right  side  and  he 
attempted  to  dive  out  the  left  side  when  the  left  wing  tank 
exploded and covered him with burning JP-4 (Jet Propellant).  
 
He was flown to Clark AB, Philippines and his wife was notified 
that his recovery was not probable.  
 
After  one  week  he  was  flown  to  the  Brook  Burn  Center  in  Texas 
where wonderful doctors performed a miracle and saved his life.  
 
One year later he was transferred to a Naval Hospital where he 
stayed for three years and endured over 50 surgeries.  The pain 
he endured far surpassed the crash. 

 
 

 

 
 
He  retired  in  Mar  1971  with  100  percent  permanent  and  total 
disability. 
 
In  support  of  his  request,  the  applicant  provides  a  personal 
statement,  copies  of  AF  Form  618,  Medical  Board  Report,  a 
Department of Veterans Affairs (DVA) letter, Physical Evaluation 
Board summary statement, PH criteria, and photographs. 
 
His complete submission, with attachments, is at Exhibit A. 
 
________________________________________________________________ 
 
STATEMENT OF FACTS: 
 
The applicant was a pilot assigned to the 479th Tactical Fighter 
Wing, Ubon Royal Thai AFB, Thailand.  
 
In  accordance  to  the  USAF  Physical  Evaluation  Board  summary, 
dated 8 Feb 1971: “On 9 May 1967 the applicant sustained severe 
burns  when  the  aircraft  he  was  to  pilot  on  a  combat  mission 
crashed  on  takeoff.”    The  summary  also  states,  “The  Physical 
Evaluation  Board  finds  that  his  unfitness  was  caused  by  an 
instrumentality of war, in the line of duty, during a period of 
war, and also a direct result of armed conflict.” 
 
On  5  Mar  1971,  he  was  retired  by  reason  of  “Permanent 
Disability,”  with  a  100  percent  disability  rating.    He  served 
18 years, 6 months and 1 day of total active service. 
 
The  PH  is  awarded  to  members  of  the  US  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 US 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 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. 
 
________________________________________________________________ 
 

 
 
 

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AIR FORCE EVALUATION: 
 
HQ  AFPC/DPSIDR  recommends  denial.    DPSIDR  states  the 
documentation  offered  as  the  result  of  the  Medical  Board 
indicates  the  applicant  received  injuries  as  the  result  of  the 
aircraft  accident,  not  as  a  result  of  enemy  action,  which  is 
mandatory for award of the PH.  He submitted a previous request 
for  award  of  the  PH  which  was  disapproved  by  the  Purple  Heart 
Review Board on 1 Oct 2010.  No new evidence has been presented 
to  indicate  the  applicant  was  injured  as  a  direct  result  of 
enemy  action.    While  it  is  unfortunate  the  applicant  suffered 
injuries  as  a  result  of  an  aircraft  accident  while  serving  on 
Active  Duty,  they  have  determined  the  applicant  does  not  meet 
the criteria for the award of the PH. 
 
The complete DPSIDR evaluation is at Exhibit C. 
 
________________________________________________________________ 
 
APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 
 
He  was  a  fighter  pilot  for  13  years  before  he  crashed  in 
Vietnam.    He  reiterates  his  previous  contentions  regarding  his 
aircraft crashing upon take-off for a combat mission to destroy 
the  enemy.    He  has  endured  four  years  of  hospitalization,  over 
50 surgeries and 45 years of pain, which has taken a toll.  He 
has  not  weathered  well  but  the  DVA  is  helping  him.      He  would 
like to receive proper recognition for the service and sacrifice 
he made.  He did receive a Distinguished Flying Cross, which he 
can live with if the Board denies his request. 
 
His complete submission, 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.  Insufficient  relevant  evidence  has  been  presented  to 
demonstrate  the  existence  of  error  or  injustice.    After 
thoroughly  reviewing  the  evidence  of  record,  the  applicant’s 
contentions,  and  his  response  to  the  Air  Force  evaluation,  the 
Board  does  not  find  the  evidence  submitted  sufficient  to 
determine the applicant is the victim of an error or injustice.  
While  the  evidence  provided  does  support  the  applicant  was 
participating  in  a  combat  mission  and  subsequently  received 
medical  treatment  after  his  aircraft  crashed,  it  does  not 
establish that the aircraft crash was a result of enemy action, 
which  is  mandatory  for  award  of  the  PH.    The  applicant’s 

 

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personal  sacrifice  and  unselfish  service  to  his  country  is 
noted;  however,  regrettably,  based  on  the  evidence  provided  we 
must  conclude  the  applicant  is  not  entitled  to  award  of  the 
Purple  Heart  for  the  incident  under  consideration.    Therefore, 
in the absence of evidence to the contrary, we find no basis to 
recommend granting the requested relief. 
 
________________________________________________________________ 
 
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 
in Executive Session on 23 Aug 2012, under the provisions of AFI 
36-2603: 
 
 
 
 
The following documentary evidence was considered in AFBCMR BC-
2012-01153: 
 
    Exhibit A.  DD Form 149, dated 15 Mar 2012, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records. 
    Exhibit C.  Letter, AFPC/DPSIDR dated 14 May 2012. 
    Exhibit D.  Letter, SAF/MRBR, dated 24 May 2012 
    Exhibit E.  Rebuttal, Applicant, undated, w/atchs. 
 
 
 
 
 
 
 

  Panel Chair 
  Member 
  Member 

  
Panel Chair 

  
  

 
 

 
 

 
 

 
 

 
 

 
 
 

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