RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00405 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. ________________________________________________________________ APPLICANT CONTENDS THAT: While it is not readily apparent, it appears the applicant contends he should be awarded the PH medal due to Post Traumatic Stress Disorder (PTSD) due to his service in the Republic of Vietnam. In support of his request, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a letter from the Disabled American Veterans (DAV) National Service Office related to his claim for service connected compensation for PTSD. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant’s available military personnel records indicate he enlisted in the Regular Air Force on 24 Oct 67 as an airman basic (E-1) for a period of four years and was progressively promoted to the grade of sergeant (E-4), effective and with a date of rank of 1 Feb 70. On 31 Aug 71, the applicant was honorably discharged from active duty and was credited with three years, ten months, and seven days of total active service. On 25 Oct 07, the applicant requested correction of his military records (AFBCMR Docket Number BC-2007-03529) to indicate he served in the Republic of Vietnam. On 7 Jan 08, his records were corrected to reflect such service as well as his entitlement to the Presidential Unit Citation with one oak leaf cluster, Republic of Vietnam Gallantry Cross with palm, and Vietnam Service Medal with four bronze service stars. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate offices of the Air Force, which are attached at Exhibits C and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, indicating there is no evidence of an error or injustice. The PH Medal 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.). It is also necessary for the member to require or receive treatment by medical personnel due to the wound or injury. In order for the PH Review Board (PHRB) to consider the applicant’s case, it must contain a detailed personal account of the circumstances, including specifics as to how he was injured as well as other required details; if possible, a certified eyewitness account from an individual who can attest to the injury and the circumstances surrounding his personal account; and medical documentation to substantiate he received medical treatment, or a statement from a medical officer attesting that an examination revealed that an injury of the type he incurred would, or should have, received medical treatment. The PHRB reviewed the applicant’s request and recommends denial based on lack of sufficient information. A complete copy of the 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 8 Jan 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ ADDITIONAL AIR FORCE EVALUATION The AFBCMR Medical Consultant recommends denial, indicating there is no evidence of a qualifying injury. A review of the criteria for the award of the PH Medal reflects that PTSD is currently not a qualifying condition for award of the PH Medal. Thus, even proven to have the diagnosis of PTSD, it would still render the applicant ineligible to receive the PH Medal. A complete copy of the AFBCMR Medical Consultant’s evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the AFBCMR Medical Consultant’s evaluation was forwarded to the applicant on 3 Jun 10 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ 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 injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and AFBCMR Medical Consultant and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we fund 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 AFBCMR Docket Number BC-2009-00405 in Executive Session on 22 Jul 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2009-00405 was considered: Exhibit A. DD Form 149, dated 15 Jan 09, w/atchs. Exhibit B. Applicant's Available Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 21 Dec 09. Exhibit D. Letter, SAF/MRBR, dated 8 Jan 10. Exhibit E. Letter, AFBCMR Medical Consultant, dated 22 Feb 10. Exhibit F. Letter, AFBCMR, dated 3 Jun 10. Panel Chair