RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02141 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: On 7 Nov 66, he received a head injury when his aircraft experienced engine failure during a short field takeoff. In support of his appeal, the applicant provides a statement and documents extracted from his military personnel and service medical records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former Air Force Reserve member who retired on 1 Jan 70. The applicant served in Vietnam from 24 Sep 66 through 16 Sep 67. On 7 Nov 66, he was injured when his aircraft had engine trouble and he had to perform a bush landing. In accordance with AFM 900-3, during the period in question, the Purple Heart (PH) was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force. For the purpose of considering award of the PH, a wound was defined as an injury to any part of the body from an outside force or agent. A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force action. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which are attached at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial noting that while the applicant was involved in an aircraft accident and was injured, the injury was not combat-related. Furthermore, there has been no official documentation located or provided showing his injury was the direct result of enemy action. The complete AFPC/DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 5 Aug 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). _________________________________________________________________ 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 in judging the merits of the case; however, we are not persuaded the applicant’s injury meets the criteria to be eligible for the PH. In this respect, we not that during the period in question, the PH was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force. In view of this, and noting the circumstance surrounding his injury as a result of a forced landing, we are not convinced his injury was caused either while engaged in action against the enemy or as a direct result of enemy action – a prerequisite for entitlement to the PH. The applicant states that following the forced landing the aircraft was examined and the area Forward Air Control (FAC) commander indicated there was a nick on the propeller shaft, which they thought had caused the engine to quit and was believed to have been caused by a bullet, noting there was a South Vietnamese Army unit a quarter of a mile from the airport. However, we find no corroborative evidence to confirm the nick was caused by enemy action. Further, assuming arguendo the nick was caused by a bullet from a South Vietnamese Army unit in the vicinity, as the applicant alludes, it would not meet the criteria of enemy action since they were not the enemy or a hostile force. While we appreciate the applicant’s service and sacrife as an FAC during the Vietnam War, in the absence of evidence indicating his injury was the result of enemy action or while engaged in action against the enemy, we find no basis upon which to recommend favorable consideration of his request. _________________________________________________________________ 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-2011-02141 in Executive Session on 9 Feb 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 2 Jun 11, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 26 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 5 Aug 11.