RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01926
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).

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APPLICANT CONTENDS THAT:

In 1972-1973, while assigned to Bien Hoa Air Base, Vietnam he 
was injured during a rocket attack.  He is currently 340 [sic] 
percent disabled and the injury to his back occurred during the 
rocket attack.

The applicant’s complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant is a former enlisted member of the Regular Air 
Force, who served on active duty from 26 Nov 1969 through 15 Sep 
1973.

In accordance with AFM 900-3, during the period in question, the 
PH was awarded for wounds received in action against an enemy, 
or as a direct result of an act of any enemy, opposing armed 
force, or hostile foreign force.  For the purpose of considering 
award of the PH, a wound was defined as an injury to any part of 
the body from an outside force or agent.  A physical lesion was 
not required, provided the concussion or other form of injury 
received was due to direct enemy, opposing armed force, or 
hostile foreign force action.

In the applicant’s DD Form 149, Application for Correction of 
Military Records, he requests that his service records be 
reviewed, to include medical and attached documents; however, no 
documents were submitted with his application.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that after a 
thorough review of the applicant's official military personnel 
record there are no documents indicating he was recommended for 
or awarded the PH.  To award the PH would be contrary to the 
criteria established by DoDM 1348.33, Manual of Military 
Decorations and Awards.

The complete DPSID evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 5 Jul 2013, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days.  As of 
this date, no response has been received by this office 
(Exhibit D).

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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 noting the PH 
criteria in effect at the time of the applicant’s injury, we are 
not persuaded that he has met his burden of proving that he 
should be entitled to the PH.  In this respect, we note the 
applicant has failed to provide sufficient evidence that he was 
injured in action against an enemy, or as a direct result of an 
act of any enemy.  The applicant’s personal sacrifice and 
unselfish service to our Nation are duly noted; however, without 
documentation to substantiate that he meets either of these 
prerequisite eligibility requirements for entitlement to the PH, 
we find no basis to recommend granting the relief sought in this 
application.

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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.

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The following members of the Board considered this application 
in Executive Session on 30 Jan 2014, under the provisions of AFI 
36-2603:

, Panel Chair
, Member
, Member

The following documentary evidence was considered in AFBCMR BC-
2013-01926:

    Exhibit A.  DD Form 149, dated 18 Apr 2013.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID dated 21 Jun 2013.
    Exhibit D.  Letter, SAF/MRBR dated, 5 Jul 2013




								
								Panel Chair




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