RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-03896 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: On 4 Sep 76, while assigned in Vietnam, a door gunner improperly loaded his machine gun on take-off adjacent to his work station. Subsequently, a round was fired and he was hit in the left elbow. At the time of the incident, the PH was not awarded for friendly fire; however, Executive Order (EO) 12464, dated 23 Feb 84, allows the PH to be awarded in some cases for friendly fire. In support of his request, the applicant provides a personal statement, copies of AF Form 565-4, Clinical Record Cover Sheet; SF Form 502, Narrative Summary and various other documents associated with his request. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 31 Jul 80, the applicant retired in the grade of lieutenant colonel. He served 23 years and 14 days of total active service and is credited with 5 years, 3 months and 11 days of Foreign Service. According to the AFPC Fact Sheet, the PH is awarded for wounds or death as result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force. EO 12464, dated 23 Feb 84, allows the PH to be awarded in some cases for friendly fire. However, EO 12464 states “award as a result of terrorist attacks or while operating as part of a peacekeeping force after 28 Mar 73.” On 5 Mar 14, the PH Review Board considered and denied the applicant’s request for award of the PH. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. The PH Review Board has the authority (on behalf of the Secretary of the Air Force (SECAF)), to determine a veteran's award of the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. After a thorough review of the applicant’s case and in view of the disapproval of the PH Review Board, the applicant’s injury does not meet the criteria for award of the PH. To grant relief would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards, the SECAF, Chief of Staff, and/or the War Department. There is sufficient documentation verifying the applicant did receive an injury as the result of a machine gun on a helicopter firing which required medical treatment; however, the incident was considered an accident occurring on base. Provisions for friendly fire apply when a service member is killed in action or wounded in action mistakenly or accidentally by friendly forces who are directly engaged with the enemy and directing fire at a hostile force or what is thought to be a hostile force. Unfortunately, in the instance of the applicant’s injury, it appears to be a simple accidental discharge as the helicopter was not actively engaged with the enemy at the time. The complete DPSID evaluation, with attachment, is at Exhibit C. SAF/MRBP recommends denial. The applicant does not meet the criteria for award of the PH as he was not wounded as a result of friendly fire while engaged in armed conflict. The complete MRBP evaluation is attached at Exhibit D. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 30 May 14, for review and comment within 30 days (Exhibit E). As of this date, this office has not received a response. _________________________________________________________________ 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 opinions and recommendations of the Air Force offices of primary responsibility and adopt the rationale expressed as the basis for our conclusion that 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. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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- 2013-03896 in Executive Session on 8 Jul 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-03896 was considered: Exhibit A. DD Form 149, dated 14 Aug 13, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 11 Apr 14, w/atch. Exhibit D. Letter, SAF/MRBP, dated 16 May 14. Exhibit E. Letter, SAF/MRBR, dated 30 May 14. Panel Chair