RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03896
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
On 4 Sep 76, while assigned in Vietnam, a door gunner improperly
loaded his machine gun on take-off adjacent to his work station.
Subsequently, a round was fired and he was hit in the left
elbow.
At the time of the incident, the PH was not awarded for friendly
fire; however, Executive Order (EO) 12464, dated 23 Feb 84,
allows the PH to be awarded in some cases for friendly fire.
In support of his request, the applicant provides a personal
statement, copies of AF Form 565-4, Clinical Record Cover Sheet;
SF Form 502, Narrative Summary and various other documents
associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 31 Jul 80, the applicant retired in the grade of lieutenant
colonel. He served 23 years and 14 days of total active service
and is credited with 5 years, 3 months and 11 days of Foreign
Service.
According to the AFPC Fact Sheet, the PH is awarded for wounds
or death as result of an act of any opposing armed force, as a
result of an international terrorist attack or as a result of
military operations while serving as part of a peacekeeping
force.
EO 12464, dated 23 Feb 84, allows the PH to be awarded in some
cases for friendly fire. However, EO 12464 states award as a
result of terrorist attacks or while operating as part of a
peacekeeping force after 28 Mar 73.
On 5 Mar 14, the PH Review Board considered and denied the
applicants request for award of the PH.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The PH Review Board has the
authority (on behalf of the Secretary of the Air Force (SECAF)),
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. After a thorough review of
the applicants case and in view of the disapproval of the PH
Review Board, the applicants injury does not meet the criteria
for award of the PH. To grant relief would be contrary to the
criteria established by DoDM 1348.33, Manual of Military
Decorations and Awards, the SECAF, Chief of Staff, and/or the
War Department.
There is sufficient documentation verifying the applicant did
receive an injury as the result of a machine gun on a helicopter
firing which required medical treatment; however, the incident
was considered an accident occurring on base. Provisions for
friendly fire apply when a service member is killed in action or
wounded in action mistakenly or accidentally by friendly forces
who are directly engaged with the enemy and directing fire at a
hostile force or what is thought to be a hostile force.
Unfortunately, in the instance of the applicants injury, it
appears to be a simple accidental discharge as the helicopter
was not actively engaged with the enemy at the time.
The complete DPSID evaluation, with attachment, is at Exhibit C.
SAF/MRBP recommends denial. The applicant does not meet the
criteria for award of the PH as he was not wounded as a result
of friendly fire while engaged in armed conflict.
The complete MRBP evaluation is attached at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 30 May 14, for review and comment within 30 days
(Exhibit E). As of this date, this office has not received a
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. We took
notice of the applicant's complete submission in judging the
merits of the case; however, we agree with the opinions and
recommendations of the Air Force offices of primary
responsibility and adopt the rationale expressed 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.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
_________________________________________________________________
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 Docket Number BC-
2013-03896 in Executive Session on 8 Jul 14, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-03896 was considered:
Exhibit A. DD Form 149, dated 14 Aug 13, w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 11 Apr 14, w/atch.
Exhibit D. Letter, SAF/MRBP, dated 16 May 14.
Exhibit E. Letter, SAF/MRBR, dated 30 May 14.
Panel Chair
AF | BCMR | CY2013 | BC 2013 03990
According to DD Form 2510, POW Medal Application/Information, dated 22 Jun 88; the applicant was captured on 6 Mar 44 and held a POW until 29 Apr 45. He did not provide, nor could it be located in his official personnel records, medical documentation supporting his request more contemporary with the event than 2 years and 10 months after the alleged wounding. The PH Review Board has the authority (on behalf of the Secretary of the Air Force (SECAF)), to determine a veteran's award of the PH.
AF | BCMR | CY2014 | BC 2014 01096
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. There is no provided evidence that the decedent was awarded the PH, or he received medical documentation substantiating an injury that required medical treatment. THE BOARD DETERMINES THAT: The application was not timely filed and it would not be in the...
AF | BCMR | CY2014 | BC 2014 03239
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03239 COUNSEL: NONE HEARING DESIRED: YES APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends disapproval for award of the PH Medal....
AF | BCMR | CY2014 | BC 2014 02013
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02013 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal and the Air Force Combat Action Medal (AFCAM). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE...
AF | BCMR | CY2013 | BC 2013 04402
The remaining relevant facts pertaining to this application, extracted from the applicants military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. 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...
AF | BCMR | CY2012 | BC-2012-04445
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 injustice. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S...
AF | BCMR | CY2012 | BC-2012-04428
In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment 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...
AF | BCMR | CY2014 | BC 2014 03043
When he returned from deployment, he received additional X-rays and an MRI for his right leg and left shoulder. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The applicant has twice applied to the United States Air Forces Central...
AF | BCMR | CY2014 | BC 2014 02375
The available records provided by the applicant indicate the following. The applicants request was not boarded by the Purple Heart Review Board as it does not contain a detailed personal account, supporting eyewitness statements or medical documentation showing an injury incurred by enemy action. After a thorough review of the applicants limited official military personnel record, they were able to verify award of the European African Middle Eastern Campaign Medal, the World War...
AF | BCMR | CY2013 | BC 2013 03961
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends disapproval for the award of the PH Medal, indicating there is no evidence of an error or an injustice. The applicant did not provide any documentation substantiating he received an injury...