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AF | BCMR | CY2013 | BC 2013 02003
Original file (BC 2013 02003.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02003
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________
_

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

________________________________________________________________
_

APPLICANT CONTENDS THAT:

He should be awarded the PH due to a bullet wound to his left 
calf while serving in Vietnam.  Due to combat conditions he was 
unaware that he sustained a gunshot wound.  He thought an object 
grazed his calf and cut him.  He further states he did not 
receive medical care or treatment.

In support of his request, the applicant submits a personal 
statement, documentation from the Department of Veterans 
Affairs, and a copy of his DD Form 214, Armed Forces of the 
United States Report of Transfer or Discharge.

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

________________________________________________________________
_

STATEMENT OF FACTS:

The applicant served on active duty from 11 May 1966 to 
9 January 1970, as an Inventory Management Specialist.

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 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:

AFPC/DPSID recommends denial.  DPSID states after a thorough 
review of the applicant’s official military record, they were 
unable to locate official documentation to verify award of the 
PH.  They did however locate documentation that could present 
inconsistencies in the applicant’s recollection of events.  The 
applicant was reprimanded on three different occasions.  On two 
occasions his whereabouts, from his place of duty, without 
permission from his supervisor, were unknown.  By the 
applicant’s own admission, he was involved in a vehicle related 
accident in April 1969, in an illegally appropriated government 
vehicle.  The vehicle he was driving was hit by another truck 
and damaged the front fender and sideswiped the entire side of 
the truck.  This incident was not reported until the next 
morning.

There was no medical documentation presented with this request 
for the PH to substantiate medical treatment for an injury 
caused by enemy action was not only required but also received 
at the time the injury occurred nor were there any eyewitness 
statements.  In addition, due to the timeliness of the 
submission, an accurate recollection by any surviving eyewitness 
would be limited as memories have faded with the passage of 
time.  There is no evidence of an error or an injustice in this 
case.  To grant the applicant relief would be contrary to the 
eligibility criteria.

The DPSID complete evaluation is at Exhibit C.

________________________________________________________________
_

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 31 October 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 30 days 
(Exhibit D).  As of this date, this office has received no 
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.  The 
applicant’s contentions are duly noted; however, after reviewing 
the evidence of record we agree with the opinion and 
recommendation of the Air Force office of primary responsibility 
and adopt its rationale as the basis for our conclusion the 
applicant has not provided sufficient evidence that validates 
his entitlement to the Purple Heart Medal.  Therefore, we find 
no basis to recommend granting the relief sought in this 
application.

________________________________________________________________
_

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2013-02003 in Executive Session on 7 January 2014, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 12 October 2012, w/atchs.
   Exhibit B.  Applicant’s Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPSID, dated 23 August 2013.
   Exhibit D.  Letter, SAF/MRBR, dated 31 October 2013.





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