RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2010-02111
COUNSEL:
HEARING DESIRED: NOT INDICATED
________________________________________________________________
THE APPLICANT REQUESTS THAT:
1. He be awarded the Purple Heart (PH) medal.
2. He be awarded the Air Force Combat Action Medal (AFCAM).
3. He be awarded the Presidential Unit Citation (PUC).
4. He be awarded the Humanitarian Service Medal (HSM).
________________________________________________________________
THE APPLICANT CONTENDS THAT:
On 24 Feb 71, while serving as a truck driver, he came under
rocket attack and now suffers from lower back pain, scars, and
bruises.
In support of his appeal, the applicant provides a copy of a
certificate of appreciation; extracts from his Department of
Veterans Affairs (DVA) medical notes, and his military medical
records, as certified by the American Legion (AL).
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The relevant facts pertaining to this application, extracted
from the applicants military records, are contained in the
letter prepared by the appropriate office of the Air Force.
On 8 Oct 99, the applicants record was administratively
corrected to reflect award of the Air Force Outstanding Unit
Award, with Valor and One Oak Leaf Cluster, (AFOUA w/V and
1OLC), the Republic of Vietnam Campaign Medal (RVCM), and the
Republic of Vietnam Gallantry Cross, with Palm (RVGNC, w/P).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSIDR recommends denial, stating, in part, without any
official documentation or eyewitness statement, they could not
verify the applicants entitlement to the PH, PUC, AFCAM, or the
HSM.
In addition, they listed additional criteria for a request to be
considered by the Purple Heart Review Board (PHRB); however, no
additional documentation meeting the criteria was located or
provided to substantiate the applicants claim of wounds
received from enemy action.
The applicants listed units, while being awarded the Air Force
Outstanding Unit Award (AFOUA) and AFOUA, with Valor (AFOUA,
w/V), the Republic of Vietnam Gallantry Cross, with Palm (RVNGC,
w/P); however, no PUCs were awarded to this unit.
Based on the documentation provided, it was confirmed the
applicants assigned base came under several enemy attacks;
however, the applicant separated from active duty on 2 Nov 71.
The establishment of the AFCAM came thirty years later and was
not retroactive.
The HSM was given during three separate operations in Vietnam;
however, the operations occurred from 1 Apr 30 Apr 75, after
the applicant had separated.
The complete DPSIDR evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
On 1 Feb 11, the applicants case file was administratively
closed as requested.
On 25 Jul 12, the applicant forwarded additional documentation
for review by the Board. In his statements, he further explains
in more specific detail the events surrounding his request for
award of the PH. Along with declassified documents on the day
of the attack, 24 Feb 71.
The applicants complete response, with attachments, is at
Exhibit E.
________________________________________________________________
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, including the additional
documentation submitted when he reopened his case, 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 that
relief beyond that already granted administratively is not
warranted. In view of the above and in the absence of evidence
to the contrary, we find no basis to recommend granting further
relief in this application.
________________________________________________________________
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-2010-02111 in Executive Session on 30 Apr 13, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Oct 10, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDR, dated 13 Dec 10.
Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.
Exhibit E. Letter, AFBCMR, dated 1 Feb 11, w/atchs.
Exhibit F. Fax, Applicant, received 24 Jul 12, w/atchs.
Panel Chair
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