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AF | BCMR | CY2012 | BC-2012-02644
Original file (BC-2012-02644.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-02644 

  COUNSEL: NONE 

 HEARING DESIRED: NOT INDICATED 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

The Purple Heart (PH) he received for injuries while deployed to 
Vietnam be added to his records. 

 

________________________________________________________________ 

 

APPLICANT CONTENDS THAT: 

 

He remembers the PH being awarded to him; however, it is not 
reflected on his DD Form 214, Armed Forces of the United States 
– Report of Transfer or Discharge. 

 

The applicant’s complete submission, with attachment, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant served in the Regular Air Force from 15 Feb 
1965 through 15 Oct 1968. He served 10 months and 10 days of 
Foreign Service. 

 

________________________________________________________________ 

 

AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial. DPSID states after a thorough 
review of the applicant's official military personnel record and 
provided documents, they were unable to verify award of the PH. 
Without specific evidence concerning the injury and pertinent 
medical information, there is nothing to substantiate a wound. 
To grant him relief would be contrary to the eligibility 
criteria established by DoDM 1348.33, Manual of Military 
Decorations and Awards. 

 

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 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. 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. 

 

The PH Review Board has the authority (on behalf of the 
Secretary of the Air Force), to determine a veteran's award of 
the PH. Each request is considered based on the policies and 
criteria in use at the time the veteran was injured, and the 
determination is dependent on the documentary evidence 
presented. 

 

DPSID was able to determine the Republic of Vietnam Gallantry 
Cross with Palm (RVNGC w/P) should have been awarded during his 
service from 15 Feb 1965 to 15 Oct 1968 and was not reflected in 
his records. Upon the final Board decision, administrative 
correction of his official military personnel record will be 
completed by AFPC/DPSOY. 

 

The complete DPSID evaluation, with attachments, is at Exhibit 
C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

On 9 Nov 2012, a copy of the Air Force evaluation was forwarded 
to the applicant for review and comment within 30 days. As of 
this date, no response has been received by this office 
(Exhibit D). 

 

________________________________________________________________ 

 

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. Although the 
applicant contends that he was previously awarded the PH, he 
provides no evidence to support this contention. As such, we 
find that he has failed to sustain his burden of substantiating 
the existence of an error or an injustice in his records. The 


applicant’s personal sacrifice and unselfish service to his 
country are noted and our decision in no way lessens our regard 
for his service; however, without documentation to substantiate 
that his injury was the direct result of enemy action or 
incurred while in action against the enemy, we are unable to 
verify his entitlement to the Purple Heart. Therefore, in view 
of the above and 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 this application 
in Executive Session on 14 Feb 2013, under the provisions of AFI 
36-2603: 

 

  Panel Chair 

  Member 

  Member 

 

The following documentary evidence was considered in AFBCMR BC-
2012-02644: 

 

 Exhibit A. DD Form 149, dated 20 Jun 2012, w/atch. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID dated 3 Nov 2012, w/atchs. 

 Exhibit D. Letter, SAF/MRBR, dated 9 Nov 2012. 

 

 

 

 

  

 Panel Chair 



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