RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02039 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect award of the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: On 23 Jun 71, he was injured by grenade shrapnel at Phan Rang Air Base, Republic of Vietnam. In support of his request, the applicant provides copies of a Standard Form 600, Chronological Record of Medical Care; an AF Form 348, Line of Duty Determination; Standard Form 565-5, Clinical Record Cover Sheet, and a letter from his Veterans Service Officer. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty from 30 Oct 51 to 30 Jun 73. The applicant was injured by grenade shrapnel thrown by persons unknown. A line of duty determination found his injury to be in the line of duty. 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 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 or Post- Traumatic Stress Disorder. 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/DPSIDRA recommends denial. DPSIDRA states there is no official documentation substantiating the applicant’s injuries were caused by direct enemy action. Although the applicant has provided medical documentation verifying that he received shrapnel wounds due to two grenades exploding at a squadron party on 23 Jun 71, the Line of Duty Determination, dated 23 Jun 71, states it is not known who caused the grenades to go off. There is no documentation in his record that would substantiate Phan Rang Air Base was under attack by an armed enemy at approximately 2300 hours on 23 Jun 71. The complete DPSIDRA evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 22 Jul 11, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. To date, a response has not been received (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 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. 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 recommend granting his request for 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-2011-02039 in Executive Session on 5 Jan 12, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Jun 11, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 6 Jul 11. Exhibit D. Letter, SAF/MRBR, dated 22 Jul 11. Chair