RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02891 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: 1. While serving at Da Nang Air Base, Republic of Vietnam, he was injured while seeking cover during an attack. He was hit by metal shrapnel in his back and left shoulder from an exploding enemy 122 millimeter free rocket. The applicant further contends that he sought treatment for his injuries at a hospital in Da Nang; however, no medical records or x-rays were kept. 2. He was stitched up, given morphine and returned back to the flight line to resume his duties as a crew chief. In support of his request, the applicant provides a personal statement, an eyewitness statement, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge; AF Form 1098, Personnel Action Request; SF Form 600, Chronological Record of Medical Care; AF Form 7, Airman Military Record and other documentation in support of his application The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 1 Jul 66, the applicant enlisted in the Regular Air Force. On 10 Apr 70, he was honorably discharge. He served three years, nine months and nine days of total active service. 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. 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 in a passenger status as a result of the aircraft’s evasive measures against hostile fire or Post-Traumatic Stress Disorder. 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. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant provided as evidence a personal statement dated 17 May 11, which contains a detailed description of the incident, as well as his visit to the doctor after being evacuated. Also, he provided an eyewitness account dated 17 Jun 11. The eyewitness was another crew chief in the same unit and on the same shift. The eyewitness statement supports the applicant’s description of the incident; however, neither the applicant nor the eyewitness mention the dates or rank of the applicant at the time of the incident. In addition, the eyewitness statement is not a sworn affidavit. The applicant provided two SF Form 600s, dated 7 and 18 Mar 68. However, DPSIDR was unable to determine if the date of the medical care was the date of the injury described by the applicant and the eyewitness. The applicant’s military personnel records contain a Report of Medical Examination, dated 12 Jun 71; however, the examiner does not note the scars on the applicant’s back and the applicant is quoted as denying any other significant medical or surgical history. The applicant describes his current scars as beginning just under his left shoulder blade and lower back and continues up to his right shoulder. The description does not correlate with the description on 7 Mar 68, and was not mentioned at all in the 12 Jun 71 examination. DPSIDR states that the applicant has made a previous request for award of the PH, and on 23 Nov 11 it was denied. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states page 2, paragraph C of the AFPC/DPSIDR advisory states the “366 USAF dispensary entry does not describe injury as a wound or mention any enemy action.” He wants a copy of the medical regulation, if it exists, that required the 366 dispensary in 1968 to have made a distinction between combat/non-combat. He questions whether the Air Force office of primary responsibility applied reasonable doubt principle/doctrine in a fair and equitable manner in situations like his. The applicant states reasonable doubt doctrine would be applicable even in the absence of official records, particularly if the basic incident allegedly arose under combat and is consistent with the probable results of such known hardships. The applicant’s complete submission, 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice regarding the applicant’s request to be awarded the Purple Heart. In support of his contention, the applicant provided a personal statement, medical documentation, and an eyewitness statement from a member of his unit attesting to the fact that he pulled the applicant away from the aircraft and transported him to the hospital. We believe that this clearly satisfies the criteria for the Purple Heart since the applicant’s injury was incurred as a direct result of enemy action and required medical treatment. Therefore, in view of the above, we recommend that his records be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that he was awarded the Purple Heart for injuries he received in the Republic of Vietnam during the Tet Counteroffensive Campaign in 1968. _________________________________________________________________ Deleted: The following members of the Board considered Docket Number BC-2011-02891 in Executive Session on 29 Mar 12, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the record as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 14 Jul 11, w/atchs. Exhibit B. HQ AFPC/DPSIDR, Letter, dated 28 Oct 11. Exhibit C. SAF/MRBR, Letter, dated 9 Dec 11. Exhibit D. Applicant’s Letter, dated 21 Dec 11, w/atchs. Panel Chair