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AF | BCMR | CY2013 | BC 2012 05474
Original file (BC 2012 05474.txt) Auto-classification: Approved
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2012-05474
		
		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

The Purple Heart (PH) Medal he was awarded in 1968 be reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty, and he be furnished a corrected PH Certificate with his name spelled correctly. 

________________________________________________________________

APPLICANT CONTENDS THAT:

On 13 Feb 68, while serving in the grade of Airman First Class (A1C) at Da Nang AB, Vietnam, he was awarded the PH for wounds received in action on 6 Feb 68, but it doesn’t appear on his DD Form 214.  In addition, his last name was spelled incorrectly on the PH Certificate issued on 13 Feb 68.  

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

_________________ ______________________________________________

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 23 Jun 66.  

On 22 Apr 70, he was furnished an Honorable discharge certificate and credited with three years and ten months of total active service, which includes 11 months and 29 days of foreign service.  

On 30 Apr 13, AFPC/DPAPP administratively corrected the applicant’s DD Form 214 to reflect that he was credited with 1 year, 3 months, and 27 days of foreign service based on incorporation of his foreign service at Yokota AB, Japan; he was awarded the Vietnam Service Medal with One Silver Service Star (VSM w/1SSS), instead of the VSM with one Bronze Service Star (VSM w/1BSS); and, to reflect award of the following decorations:

	1.  Presidential Unit Citation (PUC).

	2.  Air Force Outstanding Unit Award with three Bronze Oak Leaf Clusters (AFOUA w/3BOLCs).

	3.  Air Force Good Conduct Medal (AFGCM).  

	4.  Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). 

The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR) which is included at Exhibit C. 

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSID recommends granting the applicant’s request pertaining to the PH Medal.  The PH Medal is awarded to members of the U.S. 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.  The applicant provided a notarized picture of his PH Medal above his signed PH certificate for wounds on 6 Feb 68.  His records also included a casualty card for an incident on 6 Feb 68 that states “received s/w to right forearm from enemy exploding device.”  

A complete copy of the AFPC/DPSID evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 May 13 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.  Sufficient relevant evidence has been presented to demonstrate the existence of an injustice.  We took notice of the applicant's complete submission in judging the merits of the case and 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 that the applicant’s record should be corrected to reflect that he is entitled to the PH Medal.  With respect to his request for a corrected PH Medal certificate reflecting the correct spelling of his name, the OPR has been contacted and will provide a reaccomplished certificate.  Therefore, we recommend the applicant’s record be corrected as indicated below.

________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 22 April 1970 separation, be amended in Item 24, Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized, to include the Purple Heart.

________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2012-05474 in Executive Session on 10 Sep 13, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

All members voted to correct the records as recommended.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 20 Nov 12, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 22 Apr 12.
	Exhibit E.  Letter, SAF/MRBR, dated 6 May 13.




                                   
                                   Panel Chair







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