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
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_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
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_
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 members 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 members 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 applicants 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 applicants 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
applicants 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
applicants 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. Applicants 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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AF | BCMR | CY2013 | BC-2013-03265
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