RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02379
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) medal.
________________________________________________________________
APPLICANT CONTENDS THAT:
On 12 May 67, he was injured in a rocket and mortar attack while
stationed at Bien Hoa Air Base, Vietnam.
The book Air Base Defense in the Republic of Vietnam 1961
1973, published by the Air Force History Office confirms the
12 May 67 attack on Bien Hoa.
In support of his appeal, the applicant provides an expanded
statement, a copy of his DD Form 214, Armed Forces of the United
States Report of Transfer or Discharge, Radiology Report, and
email correspondence.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 23 Sep 56, the applicant commenced his enlistment in the
Regular Air Force.
The applicants AF Form 7, Airman Military Record, reflects he
was on temporary duty (TDY) from 24 Apr 67-5 Oct 67 (161 days)
in Southeast Asia.
The AF Form 77a, Supplemental Sheet to AF Forms 75, 77, 707 and
475, for the period 24 Apr 67 to 2 Jul 67, indicates the
applicant arranged transportation for all personnel departing
Vietnam.
The AF Form 77a for the period 10 Jul 67 to 5 Oct 67 states the
applicant was responsible for the submission of combat activity
reports during half of his tenure in SEA.
In accordance with AFM 900-3, during the period in question, the
PH Medal 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 Medal, 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 action,
opposing armed force, or hostile foreign force action.
The remaining relevant facts pertaining to this application are
described in the letter prepared by the Air Force office of
primary responsibility, which is attached at Exhibit C.
________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of
an error or an injustice. The Purple Heart Review Board (PHRB)
has the authority to determine a service members entitlement to
the PH Medal. The service member must submit a detailed account
of the circumstances surrounding the injury to include specifics
as to how they were injured, exact date of injury, unit of
assignment, and rank held at the time of injury. Also, medical
documentation must be provided to substantiate the service
member received medical treatment. If medical documentation is
not available, a statement from a military or civilian medical
officer can be submitted. The statement must attest that an
examination revealed that an injury of the type incurred would
or should have received medical treatment. In regard to
service-related conditions noted by the Department of Veterans
Affairs (DVA) the injury must have been a direct result of the
enemy and meet the PH criteria. However, not all service
connected conditions determined by the DVA meet the criteria for
the PH Medal.
The applicant provided a detailed personal account of the
circumstances of him being injured, recent medical documentation
pertaining to an injury; however, he has not provided medical
documentation from the time period in question of the alleged
injury nor has he provided any eyewitness statements.
Furthermore, there was no official order, recommendation, or
certificate located in the applicants military records showing
he was recommended or awarded the PH Medal.
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 18 Oct 13 for review and comment within 30 days
(Exhibit D). As of this date, no response has been received by
this office.
________________________________________________________________
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 an error or injustice. We took
notice of the applicants complete submission in judging the
merits of the case; however, we 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
the applicant has not been the victim of an error or injustice.
While the applicant has presented recent medical documentation
indicating a shrapnel injury to his knee, he has presented no
evidence whatsoever that said injury was the direct result of
the action of an enemy. Therefore, 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 the evidence presented did not
demonstrate the existence of material 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-2013-02379 in Executive Session on 6 Mar 14, under the
provisions of AFI 36-2603:
, Chair
, Member
, Member
The following documentary evidence pertaining to AFBCMR Docket
Number BC-2013-02379 was considered:
Exhibit A. DD Form 149, dated 6 May 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records
Exhibit C. Letter, AFPC/DPSID, undated.
Exhibit D. Letter, SAF/MRBR, dated 18 Oct 13.
Chair
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