RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00130
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
He received shrapnel wounds in his arms and legs during a rescue mission on 3 Apr 72 at Cam Lo, Vietnam. When the rescue helicopter he was aboard came under heavy fire he felt something hit his leg, but thought he had been kicked by the man next to him who had been hit by enemy fire. In 2001, an x-ray of his leg found metal shrapnel which was removed. Subsequent x-rays revealed shrapnel in his left hand and forearm.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
On 3 Apr 72, the applicant served as a Flight Mechanic on an HH-53 rescue helicopter during a mission in which his aircraft suffered severe battle damage from intense enemy fire. He received the Distinguished Flying Cross for his role in the mission.
On 1 May 79, the applicant retired from the Regular Air Force, and was credited with 20 years and 11 days of total active service.
On 27 Mar 14, AFPC/DPSIDR directed the applicants official military records be corrected to:
a. Add the following:
1. Air Force Outstanding Unit Award with two Bronze Oak Leaf Clusters (AFOUA w/2BOLC).
2. The Vietnam Service Medal with four Bronze Service Stars (VSM w/4BSS).
3. The Vietnam Campaign Medal (VCM).
b. And, to change the following:
1. The DFC w/1BOLC to read Distinguished Flying Cross with two Bronze Oak Leaf Clusters (DFC w/2BOLC).
2. The AM w/5BOLC to read Air Medal with one Silver Oak Leaf Cluster (AM w/1SOLC).
3. The AFLSA w/3OLC to read Air Force Longevity Service Award with four Bronze Oak Leaf Clusters (AFLSA w/4BLOC).
4. The AFGCM w/4BOLC to read Air Force Good Conduct Medal with one Silver Oak Leaf Cluster (AFGCM w/1SOLC).
The remaining relevant facts pertaining to this application are contained in the memoranda 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 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. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. A thorough review of the applicants official military personnel record did not reveal award of the PH. In addition, there is no official documentation indicating he was recommended for the PH. The applicant provided his account of the circumstances leading to the time he thinks he may have received his injury, but did not provide any documentation verifying medical treatment was required or received. The applicant states the shrapnel was removed in a regular hospital, where he received the x-rays, but he did not provide said documentation. There were no eyewitness statements from anyone who say the applicant receive injuries and who could attest to the circumstances in which the applicant was injured. To grant relief would be contrary to established policy.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial indicating there is no evidence of an error or an injustice. After reviewing the applicants record, the submitted supporting documentation, and the PH criteria, there is a lack of documentation to warrant award of the PH.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 28 Jul 14 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office.
THE BOARD CONCLUDES THAT:
1. The application was not timely filed; however it is in the interest of justice to excuse the failure to timely file.
2. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force has a Purple Heart Award Board for adjudicating requests for award of the PH. In view of this, we find this application is not ready for adjudication at this level, as there exists a subordinate level of appeal that has not first been depleted. Therefore, in order to ensure the applicant is afforded the most consideration possible, he should exhaust his available administrative remedies by first applying to the Purple Heart Award Board. Once he has exhausted said remedy, should he still believe he is the victim of an error or injustice, he may request reconsideration of his request by this Board. Therefore, in view of the above, we find no basis to recommend granting the relief sought in this application.
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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-2014-00130 in Executive Session on 2 Dec 14 under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 27 Mar 14.
Exhibit D. Memorandum, SAF/MRBP, dated 29 Apr 14.
Exhibit E. Letter, SAF/MRBR, dated 28 Jul 14.
4
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
1
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
1
AF | BCMR | CY2013 | BC 2013 03723
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility which are included at Exhibits C and D. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the Distinguished Flying Cross and the Purple Heart medal. After a thorough review of the applicant's official military personnel record, no documentation was found to verify award of the Purple Heart Medal. THE BOARD RECOMMENDS THAT: The pertinent...
AF | BCMR | CY2014 | BC 2014 00097
The remaining relevant facts pertaining to this application are contained in the memoranda 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. A review of the members official military records and the documentation submitted by the applicant did not reveal any evidence that the applicant qualified for award of the PH. THE...
AF | BCMR | CY2011 | BC-2011-00575
Additionally, the DFC specifically states a crash landing was made without injury to personnel. DPSIDR states the Purple Heart Review Board (PHRB) disapproved the applicants request on 8 April 2011, and provided the following comments: Disapproved no evidence provided to show that injury resulted as a direct result of enemy action. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE...
AF | BCMR | CY2013 | BC 2013 05128
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05128 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC). 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, D and E. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating...
AF | BCMR | CY2004 | bc-2003-03616
Furthermore, his medical records indicate that he had an operation. Applicant’s complete response, with attachments, is at Exhibit E. _________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION: AFPC/DPPPR recommends denial of the applicant’s request for award of the DFC and states, in part, that there is no evidence he was recommended for, or awarded the DFC. Should the applicant provide additional statements containing specific details regarding his...
AF | BCMR | CY2014 | BC 2014 00809
Other than the reference to the DFC in his units awards and decorations officers 14 Feb 69 letter, there is no official military documentation recommending or awarding the DFC to the applicant. Notwithstanding the above, AFPC/DPSIDs research did reveal the AM w/3BOLC, VCM, Vietnam Service Medal with four Bronze Service Stars (VSM w/4 BSS), and Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), should have been awarded during the applicants service from 26 Feb 65 to 12 Nov 68 but...
AF | BCMR | CY2012 | BC-2012-01728
It was normal to be awarded the DFC after completing 35 combat missions with the 94th Bomb Group (BG). SAFPC Decorations Board disapproved the applicant’s request and requested additional justification in order to reconsider his request. However, the applicant has not provided any new evidence to SAFPC for consideration.
AF | BCMR | CY2014 | BC 2014 01251
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01251 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Distinguished Flying Cross (DFC), with one Bronze Oak Leaf Cluster. The applicants WD AGD Form 53-55, Enlisted Record and Report of Separation Honorable Discharge, reflects the award of the following Medals and/or Ribbons: - Distinguished Flying Cross - Air Medal with three Bronze Clusters -...
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 01090
Under the new policy an individual was considered for award of the AM after completing 250 operational hours and for the DFC after 500 hours. No documentation was submitted indicating the applicant completed 500 operational flying hours. A complete copy of the SAF/MRBP evaluation is at Exhibit E. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Through a letter from his son, he contends that based upon the AFHRA/RS description of the requirements for award of flying decorations in WWII, the Air...