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 applicants 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
applicants 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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