RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-03374
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be entitled to the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In 1970 while assigned in Vietnam, he was injured during a rocket
attack.
In support of his request, the applicant provides a personal
statement and a copy of a witness statement.
The applicants complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
In a 7 May 1970 entry, his SF 600, Chronological Record of
Medical Care, reflects he had "painful and swollen nose bridge
due to injury during a rocket attack...minor hematoma black eyes
swelling." During this time he was assigned to Bien Hoa AB,
Vietnam.
In accordance with AFM 900-3, Decorations, Service Awards, Unit
Awards, Special Badges, Favorable Communications, Certificates,
and Special Devices, during the period in question, the 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.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID states after a thorough
review of the applicant's official military personnel record and
provided documents, they were unable to verify award of the PH.
Without specific evidence concerning the injury and pertinent
medical information, there is nothing to substantiate a wound.
To grant him relief would be contrary to the eligibility criteria
established by DoDM 1348.33, Manual of Military Decorations and
Awards.
The applicant claims he should be awarded the PH for the injuries
he received during daily rocket and mortar attacks when a dark
unknown object struck him in the face and knocked him out. While
an eyewitness found him lying in blood on the floor with a wound
on the forehead for which he later received stitches and a broken
nose, there is no medical documentation to substantiate the
wounds were received by enemy action. The PH Review Board has
the authority (on behalf of the Secretary of the Air Force), to
determine a veteran's award of the PH. Each request is
considered based on the policies and criteria in use at the time
the veteran was injured, and the determination is dependent on
the documentary evidence presented.
DPSID was able to determine the Vietnam Service Medal with three
Bronze Service Stars, the Republic of Vietnam Gallantry Cross
with Palm and the Vietnam Campaign Medal should have been awarded
during his service from 4 Nov 1968 to 3 Nov 1972 and was not
reflected in his records. Upon the final Board decision,
administrative correction of his official military personnel
record will be completed by AFPC/DPSOR.
The complete DPSID evaluation, with attachment, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
He is disappointed that AFPC/DPSID recommends his PH be denied.
They were able to determine he should have been awarded numerous
medals during his service that were not reflected in his records.
Therefore, he would like to receive these medals before he dies.
The military made a mistake regarding these medals, but they are
making a bigger mistake regarding his entitlement to the PH. He
is proud to have served his country and has no reason to lie.
His complete submission 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. Sufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice warranting
awarding the applicant the PH. After reviewing the documentation
submitted and the evidence of record, we believe, he has provided
sufficient evidence to support award of the PH. The applicant
provided with his request a statement from a former service
member attesting to the incident at Bien Hoa, Vietnam and the
injuries he received in 1970. Furthermore, a review of his
medical record reveals the applicant received medical treatment
in 1970 for injuries he sustained due to a rocket attack in Bien
Hoa AB, Vietnam. In view of the circumstances of this case, we
believe the applicant has satisfied the criteria for award of the
PH. Therefore, his records should be corrected to the extent
indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force
relating to APPLICANT be corrected to show that he was awarded
the PH for injuries he received as a direct result of enemy
action on 7 May 1970.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 29 Oct 2013, under the provisions of AFI 36-
2603:
, Panel Chair
, Member
, Member
All members voted to correct the record and recommended. The
following documentary evidence was considered in AFBCMR BC-2012-
03374:
Exhibit A. DD Form 149, dated 25 Jul 2012, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID dated 22 Apr 2013, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 25 Apr 2013.
Exhibit E. Letter, Applicant, undated.
Panel Chair
2
3
AF | BCMR | CY2013 | BC 2013 02379
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. While the applicant has presented recent medical documentation indicating a shrapnel injury to his knee, he has presented no evidence...
AF | BCMR | CY2012 | BC-2011-04989
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS DOCKET NUMBER: BC-2011-04989 COUNSEL: NONE HEARING DESIRED: NO IN THE MATTER OF: ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. 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...
AF | BCMR | CY2013 | BC-2013-01926
DPSID states that after a thorough review of the applicant's official military personnel record there are no documents indicating he was recommended for or awarded the PH. After thoroughly reviewing the evidence of record and noting the PH criteria in effect at the time of the applicants injury, we are not persuaded that he has met his burden of proving that he should be entitled to the PH. Exhibit B.
AF | BCMR | CY2012 | BC-2012-01559
_______________________________________________________________ APPLICANT CONTENDS THAT: He received a wound to his right great toe during a rocket and mortar attack in Vietnam. 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. In addition, the medical documentation provided does not give any indication the injury was related...
AF | BCMR | CY2005 | BC-2005-01918
Medical records pertaining to the applicant’s DVA claim indicate he reported he had sustained a posterior left shoulder injury when he jumped out a cockpit of a grounded fighter during a rocket attack when stationed at Bien Hoa AB in Jun 68. A member must provide documentation to support the injury was a direct result of enemy action and required or received medical treatment by medical personnel. A complete copy of the evaluation is at Exhibit...
AF | BCMR | CY2011 | BC-2011-04001
The applicants record states he received medical treatment in Jun 70 for a back injury he experienced at Bien Hoa Air Base, Vietnam, while working on a construction project. After thoroughly reviewing the evidence of record and noting the applicants contentions, we find no evidence which would lead us to believe the applicants injuries were a direct result of enemy action as required for award of the PH. _________________________________________________________________ THE BOARD...
AF | BCMR | CY2004 | BC-2004-00921
Applicant’s complete submission, with attachments, is at Exhibit A. The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). In this respect, we note the PH is awarded for wounds received as a direct result of enemy actions and it is necessary the wound required or received treatment by medical personnel.
AF | BCMR | CY2006 | BC-2005-01465
The Purple Heart Review Board (PHRB) considered and denied applicant’s request for the PH on 1 November 2005. Applicant’s personal statement is noted; however, after thoroughly reviewing the evidence of record, to include his service medical records, we find no corroborative evidence to establish that he was treated for wounds received as a direct result of enemy action during a rocket attack on 28 February 1968. ________________________________________________________________ The...
AF | BCMR | CY2004 | BC-2003-03472
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-03472 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. Administrative personnel advised him that he should apply for the PH Medal, but due to the confusion at the time and the fact that he left Vietnam within two weeks he never completed the...
AF | BCMR | CY2013 | BC-2013-00035
The Board should consider his request and award him the PH because he heard of a few guys who received the PH and did not have an injury. The applicant's request cannot be considered by the PH Review Board unless there is a detailed personal account of how the injury occurred, medical documentation substantiating treatment was received, and eyewitness statements. ________________________________________________________________ The following members of the Board considered this...