AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-01559
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_______________________________________________________________
APPLICANT CONTENDS THAT:
He received a wound to his right great toe during a rocket and
mortar attack in Vietnam. While showering one morning, sirens
went off indicating Bien Hoa Air Base was under siege. He ran to
the bunker but never made it. The next memory he has is being
taken for medical care.
In support of his appeal, the applicant provides a letter from
his Congressman and a record of medical care.
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 who
served from 13 January 1969 to 2 January 1973. He served as an
Administrative Specialist and was progressively promoted to the
grade of sergeant (E-4) with a date of rank of 1 May 1971. He
was honorably discharged effective 2 January 1973 after serving
3 years, 11 months, and 20 days on active duty with 11 months and
28 days of Foreign Service.
A Chronological Record of Medical Care, provided by the
applicant, indicates an entry, dated 28 January 1970, where the
applicant sustained a “bunker injury” by stubbing his right great
toe, folding the toenail back. As a result, the toenail was
removed.
After a thorough review of the applicant’s record, the Air Force
Personnel Center Awards and Decorations Section determined the
applicant is eligible for the Republic of Vietnam Gallantry Cross
with Palm (RVNGC w/P) and the Republic of Vietnam Campaign Medal
(RVCM). In addition, they determined he was entitled to four
Bronze Service Stars to his Vietnam Service Medal (VSM). The
applicant’s record will be corrected subsequent to Board action.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denying the applicant’s request for the PH.
DPSID states that after a thorough review of the applicant’s
record, his injury does not meet the criteria for award of the
PH. The PH is awarded for wounds received as direct result of
enemy actions i.e., gunshot or shrapnel wounds, hand-to-hand
combat wounds, forced bailout 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 aircraft member in a passenger status as a result
of the aircraft’s evasive measures against hostile fire; or, Post
Traumatic Stress Disorder.
DPSID indicates that in accordance with Air Force Instruction 36-
2803, the applicant’s request was reviewed by the Purple Heart
Review Board (PHRB) and was subsequently disapproved on 28 June
2012. There was no documentation presented which indicated the
applicant’s wound was a result of enemy action. In addition, the
medical documentation provided does not give any indication the
injury was related to enemy action.
The complete DPSID 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 28 August 2012, for review and comment within 30 days. As of
this date, this office has received no 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
2
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, 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 AFBCMR Docket
Number BC-2012-01559 in Executive Session on 1 November 2012,
under the provisions of AFI 36-2603:
The following documentary evidence was considered in connection
with AFBCMR Docket Number BC-2012-01559:
Exhibit A. DD Form 149, dated 28 Feb 12, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 11 Aug 12.
Exhibit D. Letter, SAF/MRBR, dated 28 Aug 12.
, Panel Chair
, Member
, Member
Panel Chair
3
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