RECORD OF PROCEEDINGS 
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2003-03616
		INDEX NUMBER: 107.00

	XXXXXXX	COUNSEL:  NONE

	XXXXXXX	HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be awarded the Distinguished Flying Cross (DFC) and the Purple Heart, with Oak Leaf Cluster (PH, 1 OLC).

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

He sustained wounds as a direct result of enemy action during an air combat mission near Ho Chi Mihn Trail in Laos and Vietnam in June 1970.  During the mission, his aircraft was hit approximately 28 times by enemy ground fire and he was wounded three times.  Medical personnel at the hospital treated his wounds, and he was later medically evacuated to better facilities.

In support of the appeal, applicant submits two statements from former members of his base of assignment.  One statement is from an eyewitness to the mission and the other is from an individual who spoke with him during his convalescent leave as a result of his injuries.  In addition, he provides a statement from a civilian physician indicating that the applicant’s experience in Vietnam had a direct bearing on the progression of his coronary artery disease, and a statement from a former Air Force nurse who was one of the medical corps that treated him following his tour in Southeast Asia.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former aircraft maintenance mechanic who served on active duty from 28 March 1969 through 4 January 1973.  He served in the Indochina and Vietnam areas of operation from 18 March 1970 to 18 March 1971, as a crew chief and back seat observer of an OV-10 aircraft with the XXrd Forward Air Command (FAC) Tactical Airlift Support Squadron at Nakhon Phanom, Thailand.  From 15 to 23 May 1970, he was assigned Temporary Duty (TDY) to U-Tapao Republic of Thailand Air Base for medical treatment and consultation.  From 5 June to 5 July 1971, he was assigned TDY to Pleiku AB, Republic of Vietnam (RVN) for manning assistance at the direction of XXth Air Force due to operational emergency.

On 3 October 2003, the Department of Veterans Affairs (DVA) denied his claim for service connection for status post shell fragment wound, lower abdomen.

The DFC was established by Congress on 2 July 1926 and is awarded for heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.

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 that the wound have required or received treatment by medical personnel.  Indirect injuries do not meet the criteria for award of the PH.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPPR recommends denial of the applicant’s request for the PH and states, in part, that the medical documentation in his records does not indicate that he suffered an injury or wound as a direct result of enemy action; therefore, they are unable to verify his entitlement to the PH.

The AFPC/DPPPR evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The statements he provides indicate that he took the hits, his wounds were witnessed, and he was transported immediately to the local hospital for treatment.  Furthermore, his medical records indicate that he had an operation.  The operation was to remove a piece of metal that had lodged in his stomach and to remove shrapnel from his buttocks.  He should also be awarded the Distinguished Flying Cross (DFC) for a rescue recovery mission that he volunteered for, as described in the eyewitness statement from a former crew chief.  Prior to departure on the mission, he diagnosed the aircraft’s malfunction, brought the necessary replacement part, flew down on the ground with the pilot, and despite sustaining enemy ground fire, repaired the aircraft.  As a result of his actions, the pilot and his aircraft were saved.

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.  The applicant did not provide any information to substantiate his claim.

The AFPC/DPPPR evaluation is at Exhibit G.

_________________________________________________________________

APPLICANT’S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

He flew with Air America, Flight Operations (Special), Forward Air Controllers (FAC), and the Phoenix Project.  He was part of a team that coordinated missions and were in classified locations and did things that were top secret.  As such, they were not given written orders.

Applicant’s complete response, with attachments, is at Exhibit I.

_________________________________________________________________

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.  In this respect, we note 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 that the wound have required or received treatment by medical personnel.  The DFC is awarded for heroism or extraordinary achievement while participating in aerial flight.  The performance of the act of heroism must be evidenced by voluntary action above and beyond the call of duty.  The statements provided by the applicant are duly noted; however, they contain no specific information, i.e., the dates of the incidents, the nature of the applicant’s injuries, and details of the treatment his wounds received.  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 Purple Heart Medals and a Distinguished Flying Cross.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.  Should the applicant provide additional statements containing specific details regarding his injuries as a direct result of enemy action, and the rescue/recovery mission of the OV-10 pilot and crewmember, the Board will reconsider his requests.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the Board considered Docket Number BC-2003-03616 Session on 3 August 2004, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 24 Oct 03, w/atchs
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPPR, dated 16 Mar 04.
    Exhibit D.  Letter, SAF/MRBR, dated 26 Mar 04.
    Exhibit E.  Letter, Applicant, dated 1 Apr 04, w/atchs.
    Exhibit F.  Letter, AFBCMR, dated 22 Apr 04.
    Exhibit G.  Letter, AFPC/DPPPR, dated 27 May 04.
    Exhibit H.  Letter, AFPC/DPPPR, dated 28 May 04, w/atchs.
    Exhibit I.  Letter, Applicant, dated 14 Jun 04.
    Exhibit J.  Letter, SAF/MRBR, dated 18 Jun 04.