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 applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicants 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 applicants 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 applicants 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 Consultants evaluation is
at Exhibit E.
________________________________________________________________
APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:
A copy of the AFBCMR Medical Consultants 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 applicants 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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