RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05362

								COUNSEL:  NONE

								HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT: 

His records be corrected to reflect he is entitled to the Purple 
Heart (PH) Medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

He is entitled to the PH for wounds received during an enemy 
mortar attack.

He was wounded in April 1968 while in Tay Nihn delivering a 
package.  He was standing about 200 feet from his aircraft when 
a mortar went off behind him.  He was hit in the back by a piece 
of shrapnel.  Shortly thereafter, two Army medics attended to 
him in a nearby bunker by using 5 stitches to close the wound.  
From Tay Nihn, they flew back to their duty station.  At that 
point, he could walk and felt fine as if nothing happened.

About 10 days later, while bending over into his footlocker, he 
suddenly hit the floor with severe pain in his lower back.  He 
went to the medical unit where they found that he had an 
inoperable fracture of the lower lumbar spine.  After a few 
short hours, he was fine and continued to fly as if nothing ever 
happened.  This would continue over the next two years and this 
happened about 2 or 3 more times.  

He was never put in for the Purple Heart.  In those days, they 
could care less about medals.  However, he is now 70 years old 
and would like to get what he deserves to leave to his family.  

He has included his rating from the Department of Veterans 
Affairs (DVA) showing his service connected medical conditions 
which include degenerative disc disease and degenerative joint 
disease of the lower lumbar spine.  These conditions are 
directly related to the injury he received that day.  He has 
over 760 combat flying hours in his record.  He is 100 percent 
disabled due to Post-Traumatic Stress Disorder (PTSD).  He 
deserves this medal.

In support of his appeal, the applicant provides his DD Form 
214, Certificate of Release or Discharge from Active Duty, DVA 
rating decision and a letter of support.

The applicant’s complete submission, with attachments, is at 
Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former member of the Regular Air Force who 
served from 13 July 1964 through 31 July 1985.  

Based on AFPC/DPSID’s review of the applicant’s record, his 
record will be administratively corrected to reflect award of 
the Vietnam Service Medal with two Silver Service Stars and the 
Republic of Vietnam Gallantry Cross with Palm. 

The remaining facts pertaining to this case are contained in the 
letter prepared by the Air Force office of primary 
responsibility at Exhibit C. 

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  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 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 members medical and/or 
health record.  Award of the Purple Heart may be made for wounds 
treated by a medical professional other than a medical officer, 
provided a medical officer includes a statement in the member’s 
medical report that the extent of the wounds were such that they 
would have required medical treatment by a medical officer of 
one had been available to treat them.

The applicant was assigned to the 779th Tactical Airlift Squadron 
from 26 July 1965 through 11 June 1969, and was on temporary 
duty in Vietnam and East Asia from 11 February through 1 April 
1968.  There is no evidence the applicant was in Vietnam during 
April 1968.  

The applicant and his eyewitness state the incident occurred in 
April 1968; however, the applicant left Cam Rahn Bay, Vietnam on 
1 April 1968 at 0110 hours.  Consequently, the date of his 
injury could not be verified.  

The applicant submitted a copy of his VA rating decision; 
however, it does not support an injury in April 1968.  
Additionally, the applicant’s eyewitness statement appears to 
contradict the official documentation.  To award the Purple 
Heart would be contrary to the established criteria.

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

The applicant states that neither he nor his witness has a good 
recollection of the specific dates of their tours.  His wound 
must have taken place in March 1968 rather than April, as first 
guessed.  He was seen at the dispensary about one week later and 
was told that he had an inoperable fracture of the lower lumbar 
spine.  He believes that diagnosis is still in his retirement 
physical information.

The applicant’s complete response 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.  We are 
persuaded by the applicant’s assertions concerning his injury 
and the supporting statement by a former airman stationed at Tay 
Nihn that it is more likely than not that he did sustain wounds 
as a direct result of an enemy mortar attack and that his wounds 
required and received medical treatment.  In view of this and 
noting the PH criteria, we recommend his records be corrected as 
indicated below.

________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT be corrected to show he was awarded 
the Purple Heart Medal for injuries received in action against 
an enemy of the United States in the Republic of Vietnam in 
March 1968.
________________________________________________________________

The following members of the Board considered BCMR Docket Number 
BC-2012-05362 in Executive Session on 22 August 2013, under the 
provisions of AFI 36-2603:


All members voted to correct the record, as recommended.  The 
following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 13 Nov 12, w/atchs.
  Exhibit B.  Applicant's Master Personnel Records.
  Exhibit C.  Letter, AFPC/DPSID, dated 11 Feb 13.
  Exhibit D.  Letter, SAF/MRBR, dated 24 Feb 13.
  Exhibit E.  Letter, Applicant’s Response, dated 26 Mar 13, 
              w/ atchs.