RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2011-03289
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
APPLICANT REQUESTS THAT:
His official records be corrected to show he was awarded the
Purple Heart (PH) Medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
He was stationed at Da Nang Air Base, Vietnam in Nov 65, when
his unit came under attack and he was shot in the thigh. When
he reported to the medical unit they were too busy to see him,
and the bullet came out easily, so they removed it and sent him
back to his unit. He still has a scar from the wound.
In another incident a couple of months later, he was cutting a
gasket when the knife slipped, cutting his left knee and
requiring five stitches.
In support of his appeal, the applicant provides an expanded
statement, copies of photos of his two scars, his Awards
Entitlement Record, and DD Form 214, Certificate of Release or
Discharge from Active Duty.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
The applicant entered service on 18 Jun 64, served in Thailand
from 11 Aug 66 to 7 Aug 67, was honorably discharged on 17 Jun
68, and was credited with four years of active service, which
included 11 months and 27 days of foreign service.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIDRA 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 (i.e. gunshot or
shrapnel wounds, hand-to-hand combat wounds, forced aircraft
bail out injuries, etc.). In addition, it is necessary that the
wound required or received treatment by medical personnel.
There is no official documentation verifying the applicant
received and was treated for a gunshot wound to his thigh while
in Vietnam in 1965, nor did he provide any. Furthermore, there
is no official documentation verifying the applicant was in
Vietnam in 1965. According to the applicants military record
he was assigned to Loring Air Force Base, Maine from Dec 64
until Jun 66. The incident wherein the applicant cut himself
with a knife is not a qualifying injury for consideration of
award of the PH Medal as it is not a wound received as a direct
result of enemy action. Furthermore, official medical
documentation shows the applicant reported cutting himself on
the left knee in 1964 and received medical treatment at an
unknown hospital in Washington D.C.
A complete copy of AFPC/DPSIDRAs evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicants wife responded by acknowledging it was she who
submitted the application for the PH Medal on behalf of her
husband, and basically restated the information in the
application. He served in Da Nang from Aug 66 to Feb 67, and
then in Thailand from Feb 67 to Aug 67. He was exposed to Agent
Orange in Vietnam and Thailand. His doctors say he is
exhibiting signs of Parkinsons disease which could be the
result of exposure to Agent Orange, and hearing loss in his left
ear which could be from exposure to rapid gunfire and heavy
equipment (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 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
(OPR) and adopt its rationale as the basis for our conclusion
the applicant has not been the victim of an error of injustice.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the relief sought in this
application.
4. The applicants case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
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-2011-03289 in Executive Session on 3 April 12, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 13 Aug 11, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIDRA, dated 6 Oct 11.
Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11.
Exhibit E. Letter, Applicant, dated 15 Nov 11.
Panel Chair
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