RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2010-03985 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

_________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

Her husband be posthumously awarded the Purple Heart (PH). 

 

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APPLICANT CONTENDS THAT: 

 

Her husband’s DD Form 214, Report of Separation from Active Duty 
is missing the Purple Heart (PH). 

 

In support of her request, the applicant provides a copy of his 
Veterans’ Administration (VA) disability compensation award 
letter. 

 

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

 

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STATEMENT OF FACTS: 

 

On 17 September 1954, the former member enlisted in the Regular 
Air Force. 

 

On 30 September 1977, he was discharged with an honorable 
discharge. He had 23 years, zero (0) months and zero (0) days of 
total active service. 

 

His DD Form 214 reflects award of the Air Force Good Conduct 
Medal (AFGCM) with three oak leaf clusters, Air Force Longevity 
Service Award with four oak leaf clusters, Republic of Vietnam 
Campaign Medal (RVCM), Vietnam Service Medal (VSM), Small Arms 
Expert Marksmanship Ribbon (SAEMR), and the National Defense 
Service Medal (NDSM). 

 

The PH is awarded for wounds received as a direct result of 
enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand 
combat wounds, and forced aircraft bailout injuries, etc). In 
addition, it is necessary that the wound required or received 
documented treatment by medical personnel. Indirect injuries do 
not meet the criteria for award of the PH. These include, but 


are not limited to, injuries received while seeking shelter from 
mortar or rocket attacks, aircraft bombings, grenades, and 
injuries incurred while serving as an aircrew member or in a 
passenger status as a result of the aircraft’s evasive measures 
against hostile fire. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial. DPSIDR states while there is 
evidence to support the deceased member was injured during his 
active duty service, there is a lack of sufficient evidence to 
support the injury was received as a direct result of enemy 
action. Specifically, there is no documentation as to when or 
where the injury occurred, and the circumstances surrounding the 
injury. 

 

The complete DPSIDR evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 29 April 2011 for review and comment within 30 days 
(Exhibit D). As of this date, this office has not received a 
response. 

 

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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 a 
thorough review of the available evidence and the applicant’s 
complete submission, we find no evidence which would lead us to 
believe the deceased member’s injuries were a direct result of 
enemy action as required for award of the PH. Therefore, we 
agree with the opinion and recommendation of the Air Force 
office of primary responsibility and adopt its rationale as the 
basis for our conclusion that the deceased member has not been 
the victim of an error or injustice. While we appreciate and 
honor the deceased member’s service to his country, in the 
absence of evidence substantiating that he was injured as a 


direct result of enemy action, we find no 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. 

 

_________________________________________________________________ 

 

The following members of the Board considered Docket Number 
BC-2010-03985 in Executive Session on 21 June 2011, under the 
provisions of AFI 36-2603: 

  
 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 18 October 2010, w/atchs. 

Exhibit B. Applicant's Available Military Records. 

 Exhibit C. HQ AFPC/DPSIDR, Letter, dated 18 April 2011. 

 Exhibit D. SAF/MRBR, Letter, 29 April 2011, w/atchs.