RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-00946
		INDEX CODE:  107.00
		COUNSEL:  NONE

		HEARING DESIRED:  NO

__________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

__________________________________________________________________

APPLICANT CONTENDS THAT:

He should have received the PH for the injuries he received while in Vietnam.  

In support of his appeal, the applicant provides a personal statement with an account of events that lead to his injury, a copy of AF Form 1185, Statement of Record Data, a copy of the summary statement from the Physical Evaluation Board, a copy of his retirement order placing his name on the Temporary Disability Retired List (TDRL), documents associated with his TDRL processing, a copy of AF Form 356, Proceedings and Findings of USAF Physical Evaluation Board (PEB), documents associated with the Physical Evaluation Board and copies of his service record. 

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

__________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force on 10 July 1969 and was progressively promoted to the grade of airman first class, having assumed that grade effective and with a date of rank of 1 February 1970.  On 15 January 1971, his name was placed on the TDRL because of physical disability. He had completed 1 year, 6 months and 5 days of active service.  Upon reevaluation, on 14 June 1972, the PEB found the applicant fit for the performance of active duty and recommended he be removed from the TDRL.  Effective 17 July 1972, he was removed from the TDRL and transferred to the Air Force Reserve for completion of military service obligation in the grade of sergeant effective with the date of transfer and with date of rank of 1 November 1971.  Effective 15 January 1973, he was honorably discharged from the Air Force Reserve due to expiration of term of obligated service.  

The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibits C.

__________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends the application be denied.  DPPPR states that it was highly unlikely the hijackers were men from the VietCong or Republic of Vietnam soldiers.  As a result, these men were not considered the enemy and in order to qualify for the Purple Heart, the injuries would have had to occur as a direct result of enemy action, states DPPPR.  Since the applicant cannot verify his injuries meet these criteria, DPPPR recommends disapproval of his request. 

The DPPPR evaluation is at Exhibit C.

__________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 17 May 2002 for review and response.  As of this date, this office has received no 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.  Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After reviewing the evidence provided for our review, there is no question that the applicant was wounded by an instrumentality of war incurred in the line of duty.  We note that, according to AR 600-8-22, The Purple Heart, “It is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award be made to deserving personnel.”  We believe that the applicant is such a deserving person.  While his assailants were probably not members or agents of the Vietcong or Republic of Vietnam soldiers, the evidence of record is inconclusive on this matter.  In any event, they were certainly acting in a manner consistent with enemy goals.  We also note that in November 1993, the law governing the Purple Heart was amended to provide for “friendly fire” incidents (so long as the projective was directed at the enemy.)  In this case, there was definitely “hostile” fire.  At the time the applicant was injured, he was serving in a war zone during a time of war and was probably shot by American soldiers engaged in criminal activity.  We believe that the above-cited provision of AR 600-8-22(b)(6) provides the leeway to award the Purple Heart Medal to this applicant.  In consideration of the foregoing, it is our opinion that any doubt concerning his entitlement to the Purple Heart should be resolved in the applicant’s favor and that his records should be corrected as indicated below.  

__________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart Medal for injuries he received at the hands of enemies of the United States on 30 September 1970 while servicing a C-141 aircraft at Bien Hoa AFB, RVN.

__________________________________________________________________

The following members of the Board considered this application in Executive Session on 10 July 2002, under the provisions of AFI 36‑2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 11 Mar 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
Exhibit C.  Letter, AFPC/DPPPR, dated 9 May 02.
    Exhibit D.  Letter, SAF/MRBR, dated 17 May 02.

                                   

AFBCMR 02-00946

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to                 , be corrected to show that he was awarded the Purple Heart Medal for injuries he received at the hands of enemies of the United States on 30 September 1970 while servicing a C-141 aircraft at Bien Hoa AFB, RVN.