RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-01671
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
1. He be awarded the Purple Heart (PH).
2. He be awarded the Air Force Combat Action Medal (AFCAM).
3. He be awarded the Armed Force Expeditionary Medal (AFEM).
4. He be awarded the Air Force Overseas Ribbon Short Tour
(AFOR-ST).
5. He be awarded the Air Force Expeditionary Service Ribbon
(AFESR).
6. He be awarded the difference in back pay from E-3 to E-4
from September 1968 to September 1969.
________________________________________________________________
APPLICANT CONTENDS THAT:
He earned the above listed decorations while stationed in
Vietnam from September 1968 to September 1969. On his fourth
day in Vietnam, he was at his duty post when a large scale
attack penetrated their perimeter. He sustained injuries from a
122mm rocket that landed next to his duty shack. He was thrown
into the air and landed on a wall. He then stumbled and fell
down and was stepped on by enemy forces who were trying to elude
the military police.
A month or so later, he was transferred to the Combat Group
Dispensary and assigned to the emergency trauma section. While
in this position, he traveled by helicopter and convoy to remote
locations to treat villagers. He participated in approximately
28 combat missions. During one of these missions, he was cut on
his left leg when he was bitten by a Burmese python. He still
has the scar from this snake bite.
When he arrived at Holloman Air Force Base, he was told that he
should have been promoted to E-4 prior to leaving Vietnam. He
was told to report the next day with E-4 stripes.
In support of his appeal, the applicant submits a personal
statement, a copy of his honorable discharge certificate, a
picture of him while in Vietnam, a copy of a Certificate of
Appreciation, a copy of his DD Form 214, Armed Forces of the
United States Report of Transfer or Discharge and other
supporting documentation.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 20 January
1967. He was progressively promoted to the grade of Sgt E-4.
He was honorably discharged on 19 January 1971 and was credited
with serving 4 years of active duty service.
The applicants DD Form 214 reflects he was awarded the Small
Arms Expert Marksmanship Ribbon, the National Defense Service
Medal, the Vietnam Service Medal (VSM) and the Air Force Good
Conduct Medal.
Additionally, pursuant to an application for Correction of
Military Records on 10 February 2007, the applicant was awarded
the Air Force Outstanding Unit Award with Valor, three Bronze
Service Stars to his Vietnam Service Medal, the Air Force
Longevity Service Award Ribbon, the Republic of Vietnam
Gallantry Cross with Palm, and the Republic of Vietnam Campaign
Medal.
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 an 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 action.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant is
not entitled to the award of the PH. The applicant has not
provided any medical documentation verifying he received
treatment for injuries sustained as a direct result of enemy
action.
DPSIDRA also states the applicant is not entitled to the award
of the AFCAM, the AFOR-ST, or the AFESR. These awards were
authorized several years after the applicants discharge from the
service and entitlement to these awards is not retroactive.
No service member may be issued both the VSM and the AFEM. The
applicant has been awarded the VSM with 3 Bronze Service Stars
and therefore is not entitled to the award of the AFEM.
The complete DPSIDRA evaluation is at Exhibit C.
AFPC/DPSOE recommends denial. DPSOE states the applicants
request should be time barred. Based on the applicants date of
rank to E-4 of 1 October 1969 and his total active federal
military service dates, or his time in service of 20 January
1967, he was promoted in the best qualified zone, prior to
reaching his 40 months time in service.
The complete DPSOE evaluation is at Exhibit D.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the
applicant on 16 September 2011, for review and comment within
30 days (Exhibit E). As of this date, this office has received
no 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 error or injustice. We took notice
of the applicant's complete submission and the available
evidence of record in judging the merits of the case. However,
we are not persuaded based upon the evidence presented of the
applicants entitlement to the requested awards. Similarly, we
are not persuaded the applicant is entitled to back pay for his
promotion to E-4. Therefore, we agree with the Air Force
offices of primary responsibility and adopt their rationale as
the basis for conclusion that the applicant has not been the
victim of an error or injustice. In the absence of evidence to
the contrary, we find no basis to recommend granting the relief
sought 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 Docket Number BC-
2011-01671 in Executive Session on 20 October 2011, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Apr 11 w/atchs.
Exhibit B. Applicants Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 9 Aug 11.
Exhibit D. Letter, AFPC/DPSOE, dated 26 Aug 11.
Exhibit E. Letter, SAF/MRBR, dated 16 Sep 11.
Panel Chair
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