RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03124 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: While stationed in Vietnam he sustained an injury to his right ankle due to an enemy mortar attack. He was treated by the dispensary and declined the PH. In support of his appeal, the applicant provides copies of documents extracted from his military personnel records. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s military personnel records, he served on active duty from 26 Oct 65 through 14 Feb 69. He served in Vietnam from 17 Aug 67 through 15 Aug 68. 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 bailout injuries, etc.). In addition, it is necessary that the wound required 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 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 applicant provided a copy of Standard Form (SF) 600, medical note that reflects the applicant twisted his ankle. The medical note does not reflect if the ankle injury was caused by direct enemy action. On 20 Sep 11, AFPC/DPSIDRA notified the applicant of their determination of his entitlement to four Bronze Service Stars (BSS) to his previously awarded Vietnam Service Medal (VSM), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), the Republic of Vietnam Campaign Medal (RVCM), and their action to correct his records administratively. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDRA recommends denial noting there has been no official documentation located or provided showing his injury was caused as 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 Oct 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 agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. We note the Air Force OPR has verified the applicant’s entitlement to four BSS on his previously awarded VSM, the RVNGC w/P, and the RVCM; his record will be administratively corrected. Therefore, while we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence to the contrary, we find no basis to recommend granting any relief beyond that rendered administratively. _________________________________________________________________ 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-2011-03124 in Executive Session on 3 Apr 12, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 11, w/atchs. Exhibit B. Applicant’s Master Military Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDRA, dated 20 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 5 Oct 11. Panel Chair