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AF | BCMR | CY2010 | BC-2009-00405
Original file (BC-2009-00405.txt) Auto-classification: Denied
 

RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-00405 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH) medal. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

While it is not readily apparent, it appears the applicant 
contends he should be awarded the PH medal due to Post Traumatic 
Stress Disorder (PTSD) due to his service in the Republic of 
Vietnam. 

 

In support of his request, the applicant provides copies of his 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, and a letter from the Disabled American 
Veterans (DAV) National Service Office related to his claim for 
service connected compensation for PTSD. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s available military personnel records indicate he 
enlisted in the Regular Air Force on 24 Oct 67 as an airman 
basic (E-1) for a period of four years and was progressively 
promoted to the grade of sergeant (E-4), effective and with a 
date of rank of 1 Feb 70. 

 

On 31 Aug 71, the applicant was honorably discharged from active 
duty and was credited with three years, ten months, and seven 
days of total active service. 

 

On 25 Oct 07, the applicant requested correction of his military 
records (AFBCMR Docket Number BC-2007-03529) to indicate he 
served in the Republic of Vietnam. On 7 Jan 08, his records 
were corrected to reflect such service as well as his 
entitlement to the Presidential Unit Citation with one oak leaf 


cluster, Republic of Vietnam Gallantry Cross with palm, and 
Vietnam Service Medal with four bronze service stars. 

 

The remaining relevant facts pertaining to this application are 
contained in the letter prepared by the appropriate offices of 
the Air Force, which are attached at Exhibits C and E. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSIDR recommends denial, indicating there is no evidence 
of an error or injustice. The PH Medal 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.). It is also necessary for the member to 
require or receive treatment by medical personnel due to the 
wound or injury. In order for the PH Review Board (PHRB) to 
consider the applicant’s case, it must contain a detailed 
personal account of the circumstances, including specifics as to 
how he was injured as well as other required details; if 
possible, a certified eyewitness account from an individual who 
can attest to the injury and the circumstances surrounding his 
personal account; and medical documentation to substantiate he 
received medical treatment, or a statement from a medical 
officer attesting that an examination revealed that an injury of 
the type he incurred would, or should have, received medical 
treatment. The PHRB reviewed the applicant’s request and 
recommends denial based on lack of sufficient information. 

 

A complete copy of the 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 8 Jan 10 for review and comment within 30 days. As 
of this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

ADDITIONAL AIR FORCE EVALUATION 

 

The AFBCMR Medical Consultant recommends denial, indicating 
there is no evidence of a qualifying injury. A review of the 
criteria for the award of the PH Medal reflects that PTSD is 
currently not a qualifying condition for award of the PH Medal. 
Thus, even proven to have the diagnosis of PTSD, it would still 
render the applicant ineligible to receive the PH Medal. 

 

A complete copy of the AFBCMR Medical Consultant’s evaluation is 
at Exhibit E. 


 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: 

 

A copy of the AFBCMR Medical Consultant’s evaluation was 
forwarded to the applicant on 3 Jun 10 for review and comment 
within 30 days. As of this date, no response has been received 
by this office (Exhibit F). 

 

________________________________________________________________ 

 

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 opinion and 
recommendation of the Air Force office of primary responsibility 
and AFBCMR Medical Consultant and adopt their rationale as the 
basis for our conclusion the applicant has not been the victim 
of an error or injustice. Therefore, in the absence of evidence 
to the contrary, we fund 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 AFBCMR Docket 
Number BC-2009-00405 in Executive Session on 22 Jul 10, under 
the provisions of AFI 36-2603: 

 

 , Panel Chair 

 , Member 

 , Member 

 

The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2009-00405 was considered: 


 

 Exhibit A. DD Form 149, dated 15 Jan 09, w/atchs. 

 Exhibit B. Applicant's Available Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIDR, dated 21 Dec 09. 

 Exhibit D. Letter, SAF/MRBR, dated 8 Jan 10. 

 Exhibit E. Letter, AFBCMR Medical Consultant, 

 dated 22 Feb 10. 

 Exhibit F. Letter, AFBCMR, dated 3 Jun 10. 

 

 

 

 

 

 Panel Chair 



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