RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-02468
		INDEX CODE:  107.00

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

He was injured when his own K-9 dog attacked him while on duty in Vietnam.  He further states that he received a back injury when he fell down a flight of stairs during a bomb attack.

In support of his appeal, the applicant provided a personal statement and other documentation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 8 June 1967 for a period of four (4) years.

The only medical entries pertinent to the dog bite and back pain are at Exhibit B.  

A narrative summary dated 27 October 1970 indicates that the applicant was admitted to the hospital for an evaluation of a chronic low back pain without history of trauma or significant injury or redicular symptoms.  He was noted to have a fusion at T8-T9 level.  There was a history of low backaches in the applicant’s family.  The admission work-up was essentially within normal limits throughout, except for the back, which revealed diffuse tenderness at the upper and mid-lumbar level.  A neuropsychiatric opinion was obtained which felt that the applicant was actively manipulating his medical condition for secondary gain.  Their diagnosis was anxiety reaction, passive dependent personality, and they recommended that he be started on tranquilizers while in the hospital and further psychological testing.  Following this, the applicant seemed to improve.  He was discharged to duty on 24 November 1970.

Applicant was released from active duty on 7 June 1971, in the grade of Sergeant with an honorable discharge, under the provisions of AFM 39-10 (Expiration of Term of Service).  He served a total of 4 years, 2 months and 24 days of total active military service.

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommended denial.  They indicate that to be awarded the Purple Heart (PH) a member must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.  In this case, the medical documentation provided reflects his injuries were not sustained as a result of enemy action.  His own K-9 dog attacked him, causing scars to his left calf.  Also, the applicant’s back injuries were caused by an accident when he fell down a flight of stairs.  These injuries are not a direct result of enemy action.

There is no evidence in the applicant’s medical or personnel records, which were provided, that he had been injured as a direct result of enemy action.  His injuries were the result of accidents and do not meet the criteria of this prestigious award.

The evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the evaluation and states that his back injury was due to a fall down the stairs during a rocket attack in Vietnam.  Someone knocked him down as they were going to the bunkers.  He states that a doctor evaluated him approximately three months later.  He believes the fall is the cause for his total disability.  He understands the K-9 attack does not meet the requirements for award of the Purple Heart; however, the back problem does meet the guidelines of enemy action.

Applicant’s complete response is at Exhibit E.

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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 probable error or injustice warranting award of the Purple Heart Medal.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  According to the applicant’s medical records his injuries were not sustained as a direct result of enemy action.  In this respect, he was attacked by his own K-9 dog, causing scars to his left calf.  Further, his back injuries were caused by an accident when he fell down a flight of stairs and other than his own uncorroborated assertions, the applicant presents no persuasive evidence that he was injured as a result of a rocket attack.  Therefore, in view of the foregoing, and in the absence of persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 16 January 2002, under the provisions of AFI 36-2603:

	            Panel Chair
                Member
                Member
The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 August 2001, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.

   Exhibit C.  Letter, AFPC/DPPPR, dated 16 November 2001.
   Exhibit D.  Letter, SAF/MRBR, dated 21 November 2001.
   Exhibit E.  Letter, Applicant, undated.