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AF | BCMR | CY2012 | BC-2012-03374
Original file (BC-2012-03374.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2012-03374
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be entitled to the Purple Heart (PH).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In 1970 while assigned in Vietnam, he was injured during a rocket 
attack.

In support of his request, the applicant provides a personal 
statement and a copy of a witness statement.

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

_________________________________________________________________

STATEMENT OF FACTS:

In a 7 May 1970 entry, his SF 600, Chronological Record of 
Medical Care, reflects he had "painful and swollen nose bridge 
due to injury during a rocket attack...minor hematoma black eyes 
swelling."  During this time he was assigned to Bien Hoa AB, 
Vietnam.

In accordance with AFM 900-3, Decorations, Service Awards, Unit 
Awards, Special Badges, Favorable Communications, Certificates, 
and Special Devices, during the period in question, the PH was 
awarded for wounds received in action against an enemy, or as a 
direct result of an act of any enemy, opposing armed force, or 
hostile foreign force.  For the purpose of considering award of 
the PH, a wound was defined as an injury to any part of the body 
from an outside force or agent.  A physical lesion was not 
required, provided the concussion or other form of injury 
received was due to direct enemy, opposing armed force, or 
hostile foreign force action.

_________________________________________________________________

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 applicant claims he should be awarded the PH for the injuries 
he received during daily rocket and mortar attacks when a dark 
unknown object struck him in the face and knocked him out.  While  
an eyewitness found him lying in blood on the floor with a wound 
on the forehead for which he later received stitches and a broken 
nose, there is no medical documentation to substantiate the 
wounds were received by enemy action.  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 Vietnam Service Medal with three 
Bronze Service Stars, the Republic of Vietnam Gallantry Cross 
with Palm and the Vietnam Campaign Medal should have been awarded 
during his service from 4 Nov 1968 to 3 Nov 1972 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/DPSOR.

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

_________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

He is disappointed that AFPC/DPSID recommends his PH be denied.  
They were able to determine he should have been awarded numerous 
medals during his service that were not reflected in his records.  
Therefore, he would like to receive these medals before he dies.  
The military made a mistake regarding these medals, but they are 
making a bigger mistake regarding his entitlement to the PH.  He 
is proud to have served his country and has no reason to lie.

His complete submission is at 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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice warranting 
awarding the applicant the PH.  After reviewing the documentation 
submitted and the evidence of record, we believe, he has provided 
sufficient evidence to support award of the PH.  The applicant 
provided with his request a statement from a former service 
member attesting to the incident at Bien Hoa, Vietnam and the 
injuries he received in 1970.  Furthermore, a review of his 
medical record reveals the applicant received medical treatment 
in 1970 for injuries he sustained due to a rocket attack in Bien 
Hoa AB, Vietnam.  In view of the circumstances of this case, we 
believe the applicant has satisfied the criteria for award of the 
PH.  Therefore, his records should be corrected to the extent 
indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force 
relating to APPLICANT be corrected to show that he was awarded 
the PH for injuries he received as a direct result of enemy 
action on 7 May 1970.

_________________________________________________________________

The following members of the Board considered this application in 
Executive Session on 29 Oct 2013, under the provisions of AFI 36-
2603:

, Panel Chair
, Member
, Member

All members voted to correct the record and recommended.  The 
following documentary evidence was considered in AFBCMR BC-2012-
03374:

    Exhibit A.  DD Form 149, dated 25 Jul 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID dated 22 Apr 2013, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 25 Apr 2013.
    Exhibit E.  Letter, Applicant, undated.




								
								Panel Chair




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