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AF | BCMR | CY2012 | BC-2012-03062
Original file (BC-2012-03062.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-03062 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her late husband be awarded the Purple Heart (PH) Medal. 

 

_________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

Her late husband was wounded in Vietnam after his helicopter was 
attacked, which resulted in fellow crew members being injured or 
killed. He received wounds on his back that were indicative of 
shrapnel wounds. At the time, she asked him about receiving the 
PH; however, he told her that it was because the injuries of the 
other crew members were so significant that he never pursued his 
eligibility. She believes the helicopter attack occurred in the 
1970-71 timeframe. 

 

Her complete submission, with attachments, is at Exhibit A. 

 

_________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant retired from the Regular Air Force on 31 Oct 93. 

 

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 appropriate office of the 
Air Force, which is at Exhibit c. 

 

_________________________________________________________________ 

 

 

AIR FORCE EVALUATION: 


 

AFPC/DPSID recommends denial, as the decedent’s record does not 
contain evidence to support award of the PH. 

 

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 a 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. 

 

There were no medical documents reflecting that he sustained an 
injury caused by an enemy and received medical attention for that 
injury. Furthermore, there was not a detailed account of how the 
injury occurred to include date, time, location, and rank, or 
eyewitness statement(s) attesting to the incident. 

 

The complete DPSID evaluation, with attachments, is at Exhibit C. 

 

_________________________________________________________________ 

 

APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the applicant 
on 25 Sep 12 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 an error or injustice. After a 
thorough review of the available evidence and applicant’s 
complete submission, we find no evidence that the former member’s 
records should be corrected to show he was awarded the Purple 
Heart (PH). The applicant’s contentions are noted: however, she 


provides no evidence to substantiate that her late husband’s 
wounds were received in action against an enemy, or as a direct 
result of enemy actions – prerequisites for entitlement to the 
PH. In view of this and noting the PH criteria in effect at the 
time, we find no basis upon which to recommend favorable 
consideration of this request. 

 

_________________________________________________________________ 

 

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-2012-03062 in Executive Session on 25 Apr 13, under the 
provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 6 Sep 12, w/atchs. 

 Exhibit C. Letter, AFPC/DPSID, dated 17 Sep 12, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 25 Sep 12. 

 

 

 

 

 

 Panel Chair 

 


 

 





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