AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
DOCKET NUMBER: BC-2012-00313
COUNSEL: NONE
HEARING DESIRED: NO
IN THE MATTER OF:
_________________________________________________________________
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
_________________________________________________________________
APPLICANT CONTENDS THAT:
In Feb 68, while serving in Tan An, Long An Province, Republic
of Vietnam, he was injured during combat. After the battle
occurred, he treated civilian casualties non-stop for three to
six days. The injury to his right knee was sustainable to allow
him to continue his duties as a Corpsmen. He did not follow-up
due to the sheer volume of casualties.
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, a letter from his former commanding
officer, AF Commendation Medal (AFCM) certificate, and other
documents associated with his request.
The applicant's complete submission, with attachments, is at
Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 9 Jun 64, the applicant enlisted in the Regular Air Force.
He served four years, one month and two days of total active
federal service.
The applicant’s commanding officer at the time of the attack,
Captain C, provided a statement in support of the applicant’s
claim. He states the applicant collided with an obstruction.
The applicant thought he may have received shrapnel from an
enemy rocket; however, Captain C did not locate any shrapnel
fragments. Captain C stated when it came time to consider the
applicant for award of the PH, they were not absolutely sure if
his wound was the result of hostile fire; therefore, the
paperwork was never filed. Additionally, Captain C states after
his recent contact with the applicant, he now realizes he most
likely deserved the award of the PH and felt it would only be
fair to recommend him for the award.
The PH 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 part of a
peacekeeping force. A wound for which the award is made must
have required treatment, not merely examination, by a medical
officer. Additionally, treatment of the wound shall be
documented in the Service member’s medical and/or health record.
Award of the PH may be made for wounds treated by a medical
professional other than a medical officer, provided a medical
officer includes a statement in the Service member’s medical
record that the extent of the wounds were such that they would
have required treatment by a medical officer if one had been
available to treat them.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPSIDR recommends denial. DPSIDR states there were no
medical records located or documentation to support the
applicant’s request.
On 26 Apr 12, the applicant’s request was disapproved by the
Purple Heart Review Board.
The complete DPSIDR evaluation is at Exhibit B.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the
applicant on 11 May 12 for review and comment within 30 days
(Exhibit C). As of this date, this office has not received a
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. After
thoroughly reviewing the evidence of record we are not persuaded
that he has been the victim of an error or injustice.
Therefore, we agree with the opinion and recommendation of the
2
Air Force office of primary responsibility and adopt its
rationale as the basis for our conclusion that the applicant has
not been the victim of an error or injustice. The personal
sacrifice the applicant endured for his country is noted and our
decision in no way diminishes the high regard we have for his
service; however, insufficient documentary evidence has been
presented to substantiate that he has a qualifying injury that
warrants award of the PH. 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 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 Docket Number
BC-2012-00313 in Executive Session on 18 Jul 12, under the
provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Jan 12, w/atchs.
Exhibit B. Letter, AFPC/DPSIDR, dated 2 May 12.
Exhibit C. Letter, SAF/MRBR, dated 11 May 12.
Panel Chair
3
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