RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02592 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: He was not awarded the PH although he was wounded in combat against an enemy of the United States. While returning from a combat mission in Vietnam on 23 Jun 67, he was at a very low altitude and began a steep, full power climb and his engine quit. He was too low to recover and the aircraft crashed. The only way this would have happened was if his fuel tanks had been damaged. He had been under intense enemy fire and heard the aircraft taking hits. He researched and found out that award of the PH is automatic for an “Injury caused by a vehicle or aircraft accident resulting from enemy fire.” He believes the reason he was not awarded the PH was because he was assigned to an Army unit. He has since found that his Combat Related Special Compensation (CRSC) is affected by the award of the PH. In support of his request, the applicant provides a personal statement, and copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, and Aeromedical Evaluation Summary, 13-17 Nov 67. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 5 Jun 63 to 30 Jun 93. He was attached to the USAF Tactical Support Unit assigned to the 173rd Airborne Brigade at the time of his injury. The PH is awarded for wounds or death as a result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping 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 or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. A detailed personal account of the circumstances surrounding the injury is required to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. If possible, an eyewitness account should be provided from individuals who saw the injury and can attest to the circumstances surrounding the personal account. The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request based on the lack of evidence establishing the aircraft crash was combat related. DPSIDR states the portion of an aeromedical evaluation summary, dated 17 Nov 67, provided as evidence, is missing all pages except for the first, and does not contain a signature. In addition, the summary describes the incident as an accident because the engine quit for unknown reasons. The applicant did not provide an eyewitness account of the incident, and DPSIDR was unable to locate any references to the incident in the applicant’s personnel records, other than a physical examination, which also refers to the injuries as being caused by an aircraft accident. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The medical authorities were using earlier medical records that he does not have, and they probably referred to the incident as an accident. However, those medical folks had no idea what happened to his aircraft as he was immediately sent to a casualty staging unit which was not near the forward combat area where the incident occurred. There had not been a determination of cause at the time. Even though medical records may say accident, the PH is awarded for accidents caused by enemy fire. He was under intense enemy fire and heard the aircraft taking hits. There must have been damage for the engine to quit when he performed a climb. Fuel starvation would cause a stalled engine, but he had plenty of fuel for the short mission, unless the fuel lines or tanks had sustained damage and drained the fuel. The review says it is necessary that the wound required or received treatment by medical personnel. The documentation he provided shows that to be the case. The additional information the reviewer says is necessary for award of the PH is as follows: The date of the injury was 23 Jun 67, his rank was captain, and the unit of assignment was 19th Tactical Air Support Squadron, although he was assigned to the 173rd Airborne Brigade at the time. He contacted the Air Force Historical Research Agency (AFHRA) to find a copy of the aircraft incident report; however, they could not help him. Regarding the statement made by the reviewer that there was no evidence the crash was combat related, he can think of no instance where flying a forward air controller aircraft in Vietnam would not be combat related. They were always armed and on call to control strikes when airborne. He has included a letter from AFPC/DPPD/CRSC which verifies his wounds were combat related. The applicant’s complete response 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. After thoroughly reviewing the evidence of record and the applicant’s contentions, we are not persuaded the requested relief should be granted. In weighing the evidence, we could not determine his injuries were the direct result of enemy action. Should the applicant provide an eyewitness statement from someone who witnessed the circumstances surrounding his injury, we would be willing to reconsider his request. The applicant’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was the direct result of enemy action, we are unable to verify his entitlement to the Purple Heart. Therefore, in the absence of evidence to the contrary, we agree with the opinion of the Air Force office of primary responsibility and 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 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-2011-02592 in Executive Session on 13 Dec 11, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 4 Jul 11, w/atchs. Exhibit B. Master Personnel Records Exhibit C. Letter, AFPC/DPSIDRA, dated 24 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit E. Letter, Applicant, dated 18 Nov 11, w/atchs. Panel Chair