RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-00239
		INDEX NUMBER: 107.00

XXXXXXXXXXXXXXXXXX	COUNSEL:  NONE

XXX-XX-XXXX	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 for wounds he received when the motorcycle he was riding was run over by a North Vietnamese soldier.

In support of the appeal, applicant submits extracts from his medical records, a statement from his mother-in-law, and a newspaper article.

Applicant’s complete submissions, with attachments, is at Exhibits A and I.

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STATEMENT OF FACTS:

A Chronological Record of Medical Care entry, dated 27 September 1966, indicates that he was treated for a facial laceration from a “Honda accident.”  A Report of Medical Examination, completed on 18 November 1966, as part of his annual flying examination indicates that he sustained lacerations on his left forehead in September 1966, during a motorcycle mishap, requiring sutures.

On 6 June 2003, the application was administratively closed per applicant’s request pending resolution of his claim with the Department of Veterans Affairs (DVA) (Exhibit E).

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AIR FORCE EVALUATION:

By letter, dated 26 May 2004, applicant was advised that all attempts to obtain copies of his service medical records were unsuccessful and that as such, the appropriate office of primary responsibility was unable to provide an advisory opinion addressing his request for award of the PH (Exhibit H).

The PH is awarded for wounds received as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.).  In addition, it is necessary the wound required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

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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.  In this respect, we note the PH is awarded for wounds received as a direct result of enemy action and it is necessary the wound required or received treatment by medical personnel.  The applicant contends he was injured when the motorcycle he was riding was run over by a North Vietnamese soldier.  The documentation provided by applicant is noted; however, it does not substantiate that he was wounded as a direct result of enemy action.  To the contrary, the Chronological Record of Medical Care entry, dated 27 September 1966, indicates that he was treated for a facial laceration from a “Honda accident”; and the Report of Medical Examination, completed on 18 November 1966, indicates that he sustained lacerations on his left forehead in September 1966, during a motorcycle mishap, requiring sutures.  The personal sacrifice 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.  Therefore, in the absence of evidence that he was injured as a direct result of enemy action, 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 BC-2003-00239 in Executive Session on 17 November 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 7 Jan 03, w/atchs.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letters, SAF/MRBR, dated 19 and 30 May 03.
    Exhibit D.  Letter, Applicant, dated 27 May 03.
    Exhibit E.  Letter, AFBCMR, dated 6 Jun 03.
    Exhibit F.  Letter, Applicant, dated 5 Jan 04.
    Exhibit G.  Letter, Applicant, dated 19 Mar 04.
    Exhibit H.  Letter, AFBCMR, dated 26 May 04.
    Exhibit I.  Letter, Applicant, dated 11 Oct 04, w/atchs.