RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01863 COUNSEL: HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: Upon returning from a combat mission in Vietnam, he was seriously injured when his aircraft crash landed. In support of his appeal, the applicant provides a statement and documents extracted from his military personnel and Department of Veterans Affairs (DVA) records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant’s records reflect he served on active duty in the Air Force from 17 Oct 66 through 24 Aug 73 and was permanently retired for physical disability on 25 Aug 73. According to a 15 Aug 73 Physical Evaluation Board (PEB) Summary Statement, the applicant sustained severe injuries on 8 Mar 70 when his aircraft crashed, which resulted in the amputation of his right arm and both legs, as well as ulnar nerve palsy of the left arm. The Summary Statement further reflects the applicant’s injuries were caused by an instrumentality of war in time of war. The applicant is receiving disability compensation from the Department of Veterans Affairs (DVA) at the rate of 100 percent. He also receives a special monthly compensation due to his higher level of need for assistance. On 8 Jan 91, in response to the applicant’s request for award of the PH Medal, the Recognition Programs Branch informed the applicant the documentation he provided did not substantiate his injuries were incurred as the direct result of a hostile foreign force. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary that the wound required 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 while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states they were unable to locate any documentation that verifies the applicant’s injuries were combat-related. There was no medical documentation provided which would verify the aircraft crash and his resulting injuries were the direct result of enemy action. Furthermore, there were no statements from an eyewitness who can verify the circumstances of the incident. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s advocate reiterates the applicant should be entitled to the PH Medal due to the fact the applicant was taking fire during landing. In support of his response, he provides a supporting statement which cites various errors in the accident investigation report related to the cause of the accident. The applicant’s complete rebuttal, with attachments, is at Exhibit E. _________________________________________________________________ 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 an error or an injustice. We took notice of the applicant's complete submission, to include the rebuttal response, in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has failed to sustain his burden of proof of the existence of an error or injustice. We are not persuaded the information provided by the applicant and his records substantiate the injuries he incurred were combat related and a direct result of enemy action. While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence substantiating he was injured as a direct result of enemy action, we find no basis to recommend granting the relief sought in this application. 4. The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2011-01863 in Executive Session on 2 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 Apr 11, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR, dated 21 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 21 Oct 11. Exhibit E. Letter, Applicant’s Advocate, dated 16 Nov 11.