ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-02379
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
________________________________________________________________
APPLICANT REQUESTS THAT:
His records be corrected to reflect he was awarded the Purple
Heart (PH) medal.
________________________________________________________________
STATEMENT OF FACTS:
On 6 Mar 14, the Board considered and denied applicants original
request for award of the Purple Heart (PH) medal for an injury he
incurred in Vietnam on 12 May 67. The Board determined that the
evidence provided by the applicant was insufficient to conclude
that he was the victim of an error or injustice, noting that
although he provided recent medical documentation indicating a
shrapnel injury to his knee, the applicant had not provided any
evidence showing the injury was the direct result of the action
of an enemy. For an accounting of the facts and circumstances
surrounding his request, and the rationale for the earlier
decision by the Board, see the Record of Proceedings, with
attachments, at Exhibit E.
By a letter dated 28 Apr 14, the applicant disagrees with
conclusion that there was no evidence of an error or an
injustice. He believes his documentation was sufficient to
indicate his injury met the criteria for award of the PH medal.
He also noted that the Boards decision incorrectly indicated
his injury was to his left knee, but his injury was to the
pelvic bone and not his knee. Furthermore, the injury was not
documented at the time incurred because he was not aware of the
metal object over the right pelvis until he had x-rays taken at
the Department of Veterans Affairs (DVA) for his spinal
problems. The only explanation he has for the presence of the
metal object is the incident where he came under fire of enemy
rockets and mortar at Bien Hoa Airbase in 1967, which is well
documented. He further requests the Boards documentation
relating to the location of his injury be amended to accurately
reflect the pelvic bone and not his knee (Exhibit F).
________________________________________________________________
THE BOARD CONCLUDES THAT:
After again reviewing the evidence of record, the applicants
prior submission, the additional evidence provided in support of
his appeal, we are not convinced the requested relief is
warranted. While the original Record of Proceedings (ROP)
erroneously identified the applicants injury as a knee injury,
rather than a pelvic injury, irrespective of this administrative
error, we find the evidence presented insufficient to conclude
the applicants purported pelvic injury meets the criteria for
award of the Purple Heart (PH) Medal. Furthermore, although the
applicant has presented documentation describing the attack at
Bien Hoa Air Base, Vietnam; there was no evidence to show the
applicant incurred this injury during this attack or due to
action of the enemy. Even if we assume for the sake of argument
that such an attack occurred and involved the applicant, the PH
medal criteria requires that the injury required medical
attention at the time and the applicant has provided no
documentation indicating that he required treatment for his
purported injury in the aftermath of the attack. While we are
not unmindful or unappreciative of the applicants service to
his Nation, in the absence of evidence substantiating the injury
he sustained meets the criteria for award of the PH Medal, 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 meet
the criteria for reconsideration; 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 17 Jul 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 E. Record of Proceedings, dated 14 Mar 14,
w/exhibits.
Exhibit F. Letter, Applicant, dated 28 Apr 14.
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