RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: 02-02409

	 	COUNSEL:  NONE

	 	HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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THE APPLICANT CONTENDS THAT:

He should be awarded the PH based on wounds he received as a result of enemy action in Vietnam.

The applicant states that during an early morning mortar attack at Pleiku Airbase, Republic of South Vietnam, on 14 January 1969, he was struck in the back of the head by an unidentified object, shrapnel or debris from an explosion, while attempting to get to a bomb shelter.  Following the attack, he cleaned up the wound and returned to his quarters.  However, constant headaches and trouble with vision forced him to later report to the hospital.  It was brought to his attention at that time, that he was entitled to the PH, but being a 20-year-old and in the first months of his tour in Vietnam, he felt there were men paying a much higher price for the PH, and declined to seek one.  He now finds that having a PH in his record would be advantageous to him at this point in his life, and with his connection to the Department of Veterans Affairs (DVA).

In support of the appeal, the applicant submits a Clinical Record, SF Form 513, dated 21 January 1969, regarding treatment for headaches after being struck on the back of the head, a Radiographic Report, dated 22 January 1969, concerning examination of his skull and spine, and his separation physical.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Air Force on 21 April 1966, for a period of four years.

On 18 December 1968, he was assigned to the 633rd Combat Support Group, at Pleiku AB, RVN, as a Data Machine Operator.

A Clinical Record entry, dated 21 January 1969, indicates that the applicant was seen for headaches for a duration of seven days; was struck in the back of the head seven days earlier; and that the headaches were similar to headaches he had had for the last year.

From 3 March 1969 through 3 November 1969, he was assigned to the 14th Combat Support Group, at Nha Trang AB, RVN, as an APRDAT Processing Machine Operator.

On 3 November 1969, he was released from active duty and transferred to the Air Force Reserve.  He completed 3 years, 6 months, and 13 days of active service.

On 20 April 1972, he was relieved from assignment and honorably discharged from the Air Force Reserve.

The PH is awarded for wounds received as a direct result of enemy action (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.) that required or received treatment by medical personnel. 

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AIR FORCE EVALUATION:

AFPC/DPPPR, recommends the application be denied, and  states, in part, that the applicant has not provided any documentation to substantiate his claim that he was wounded as a direct result of enemy action or that he received medical treatment for the injury.  There are no medical records in his folder from the National Personnel Records Center (NPRC), and none available from the DVA.  Therefore, the only medical records available are the few pages he provided.  However, the records he did provide show that he had a history of being seen for headaches, as a result of his job as an IBM keypunch operator, and that he was given Darvon compound, which provided him relief.

The AFPC/DPPPR evaluation, with attachments, is at Exhibit C.

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APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The applicant states that the medical evidence provided with his application indicates that the attending physician at Pleiku AB, RSVN noted that he was struck in the back of the head, and it was evident to him one week later.  He was the one that compared the pain to a headache because it was as close as he could come to describing the persistent pain.  During the mortar attack in which he was injured, five servicemen were killed.  At the time, considering how minor his wounds were compared to those killed, he did not seek attention.  However, the persistent pain caused him to have to go back a week later.  He considers having a mortar explode not 40 feet away, knocking him senseless, the direct result of an enemy action.  While the evaluation states that there are no medical documentation in his NPRC records, the medical documentation he has provided came from his NPRC records.  He is not seeking anything that he is not entitled to.  He was injured during an enemy mortar attack, did bleed, did seek medical attention, and does merit award of the PH.

The 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 error or injustice.  After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that he has been the victim of an error or injustice.  The personal sacrifice the applicant endured for his country is noted and our decision in no way diminishes the high regard we have for his service; however, insufficient documentary evidence has been presented to warrant awarding him the Purple Heart.  While the Clinical Record, dated 22 January 1969, indicates the applicant was stuck on the back of the head, it does not state that he was injured as a direct result of enemy action.  Therefore, in the absence of 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 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 Docket Number 02-02409 in Executive Session on 10 March 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 20 Aug 02, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 23 Aug 02.
    Exhibit E.  Letter, Applicant, dated 28 Aug 02.