RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02170 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _______________________________________________________________ APPLICANT CONTENDS THAT: He should have received the PH because of injuries he received when his L-19 aircraft crash landed during a combat support mission in Vietnam on 14 May 1963. He was offered the PH at the time; however, he refused it as he felt other people were more deserving of the award. In support of his appeal, the applicant provides copies of his DD Form 214, Certificate of Release or Discharge from Active Duty; special orders; Letter of Appreciation; and medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who was released from active duty on 31 July 1981 and retired effective 1 August 1981 in the grade of lieutenant colonel (O-5). He served 21 years and 6 months on active duty of which 4 years, 11 months, and 19 days was Foreign Service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states 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 bailout 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. 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 aircraft member or in a passenger status because of the aircraft’s evasive measures against hostile fire or Post-Traumatic Stress Disorder. DPSIDR indicates there is no official documentation in the master personnel records that verifies the applicant’s injuries were as a direct result of enemy action. The applicant provided documentation verifying he was wounded and that he did receive medical treatment; however, the clinical record indicates that the incident was an “accident.” The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: During his second mission on 14 May 1963, he began to lose oil pressure in his single engine L-19 aircraft while on a mission in Vietnam. As a result, he had to return to base to make an emergency forced landing. Approximately one mile from the grass landing strip they were forced to land in the trees. He and his crew were picked up by a United States Army Helicopter and taken to a Vietnamese aid station. He was later transferred to Clark Air Base, Philippines, for skin grafting, and then air evacuated to Chanute Air Force Base, Illinois, for recovery. His injuries included a broken knee cap, severed tendon in the calf below the right knee, multiple lacerations on both legs requiring skin grafting on the left leg, severed lip and broken molar. Since the aircraft belonged to the Army Republic of Vietnam, he is not sure if any records were made available to the Air Force regarding the accident. The cause of the loss of engine oil could not be determined, but may have been from enemy ground fire. The lack of records troubles him, but he understands that some records were lost in a fire at the National Personnel Records Center many years ago. 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we find no evidence to confirm the applicant’s injuries were as a result of direct enemy action. 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 applicant has not been the victim of an error or injustice. Accordingly, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ 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 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-2011-02170 in Executive Session on 14 February 2012, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2011-02170: Exhibit A. DD Form 149, dated 6 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 3 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11. Exhibit E. Letter, Applicant, dated 1 Dec 11.