RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05955
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal for wounds he received in combat while in Laos in 1965 and in Vietnam 1967.
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APPLICANT CONTENDS THAT:
In Feb 65, while serving in Laos, an enemy artillery round landed so close to him it blew him off his feet and into a wall, breaking several of his ribs and inflicting internal wounds. Because of the classified nature of the assignment, it was not made an official matter or record. In Feb 67, while serving at Da Nang Air Base, Vietnam, he was struck in the right leg by two pieces of shrapnel as he ran for a bunker during a fire fight.
The applicants complete submission, with attachments, is at Exhibits A.
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STATEMENT OF FACTS:
The applicant initially enlisted the Regular Air Force on 13 Sep 56.
On 31 Mar 76, the applicant retired from active duty, and was credited with 20 years and 18 days of total active service.
On 27 Aug 07, according to documentation provided by the applicant, the Department of Veterans Affairs granted the applicant a disability rating for Post-Traumatic Stress Disorder (PTSD) of 70 percent and for diabetes mellitus Type II of 20 percent.
On 21 Jun 13, the AFPC/DPSIDRA directed the following changes be made to the applicants DD Form 214, Certificate of Release or Discharge from Active Duty:
1. Add the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
2. Change his Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS) to read the VSM with one Silver and four Bronze Service Stars (VSM w/1SSS & 4BSS).
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Purple Heart (PH) Medal is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. On 15 May 13, the PH Review Board reviewed the applicants request for two awards of the PH and found the incidents did not meet the criteria for award of the PH. The applicant did not submit supporting medical documentation or eyewitness statements for either of the requests. To grant the applicant relief would be contrary to the eligibility criteria established in DoDM 1348-33, Manual of Military Decorations and Awards.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
His wounds do require treatment, as he has received treatment for these specific wounds for 52 years. He did not request or expect a PH Medal, but requested a record of his wounds be made in his military personnel file because they are his military history (Exhibit D).
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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, to include his rebuttal response to the advisory opinion; 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. While the applicant has provided excerpts from his medical records where it appears his providers noted that he suffered the purported injuries as the result of rocket attacks and combat when he served in Vietnam, these provider notes, from a visit in 2013, appear to simply be a summary of the applicants assertions during the visit and, in our view, do not constitute evidence that his purported injuries were the result of enemy action almost 50 years ago. Additionally, while we note the applicant provided a copy of an enlisted performance report that indicates he participated in action against the enemy, other than his own uncorroborated assertions, he has presented no evidence that there was a causal nexus between action against the enemy and his injuries which he claims qualify for award of the Purple Heart Medal. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05955 in Executive Session on 31 Oct 13, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2012-05955 was considered:
Exhibit A. DD Forms 149, dated 9 Dec 12 and 3 Mar 13,
w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13.
Exhibit D. Letter, SAF/MRBR, dated 5 Aug 13.
Exhibit E. Letter, Applicant, dated 2 Jun 13.
Panel Chair
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