RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-01114 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 wounded and not awarded the PH. During one of his many temporary duties to Son Nhut Air Base, Saigon, he was hit in the face with a bullet or piece of shrapnel while running to a bunker. The impact knocked him flat on his back. The wound bled a lot, but after he cleaned it with a wet handkerchief and put a band-aid on the wound, he was okay. On 19 Dec 09, he noticed a sore place on his face where he had been wounded years earlier. He believed that the bullet or shrapnel had become infected. However, his doctor advised him it was an infected root canal from prior years and that the bullet or shrapnel had earned him a PH. In support of his request, the applicant provides copies of extracts from his military personnel records and a letter from his physician with an x-ray. The applicant’s complete submission, with attachments is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant entered the Regular Air Force on 6 Nov 50 and was retired in the grade of major on 1 May 78. 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 bail out 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 the 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 in a passenger status as a result of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states the DVA does not have the authority to determine eligibility for the PH nor to award the PH. Further, the applicant makes no claim that direct enemy action was the cause of his injury nor has he provided eyewitness statements to help substantiate his claim and no medial documentation from the date the applicant was injured is available. The complete HQ AFPC/DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the AFPC/DPSIDRA evaluation was forwarded to the applicant on 27 Aug 10 for review and comment within 30 days (Exhibit D). However, as of this date, no response has been received by this office. _________________________________________________________________ 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 agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its 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 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-2010-01114 in Executive Session on 14 October 2010, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Mar 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 18 Aug 10. Exhibit D. Letter, SAF/MRBR, dated 27 Aug 10. Panel Chair