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 decedents 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 members 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 members 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 applicants
complete submission, we find no evidence that the former members
records should be corrected to show he was awarded the Purple
Heart (PH). The applicants contentions are noted: however, she
provides no evidence to substantiate that her late husbands
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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