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AF | BCMR | CY2013 | BC 2013 03896
Original file (BC 2013 03896.txt) Auto-classification: Denied
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 
applicant’s 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 applicant’s case and in view of the disapproval of the PH 
Review Board, the applicant’s 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 applicant’s 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 applicant’s 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.  Applicant’s 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


	

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