RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-03961
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be awarded a Purple Heart (PH) Medal.
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APPLICANT CONTENDS THAT:
While stationed at Da Nang Air Base, Vietnam, from July 69 to July 70, he experienced numerous rocket and mortar attacks. One such attack was a direct hit to the building he was in, resulting in him being struck on the head and knocked unconscious. The exposure to combat enemy explosions during his time in Vietnam resulted in the Department of Veterans Affairs (DVA) granting him a Service connected disability related to traumatic brain injury (TBI), effective 31 Aug 10.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
On 7 Jun 68, the applicant initially entered the Regular Air Force.
On 18 Jul 75, the applicant was honorably discharged and was credited with 7 years, 1 month, and 12 days of active service, which included 11 months and 29 days of foreign service.
On 11 Apr 14, AFPC/DPSIDR administratively corrected the applicants DD Form 214, Certificate Of Release Or Discharge from Active Duty, by adding the Presidential Unit Citation (PUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and changed VSM to read; Vietnam Service Medal with three Bronze Service Stars (VSM W/3BSS).
The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary responsibility (OPR), which are attached at Exhibits C and D.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends disapproval for the award of the PH Medal, indicating there is no evidence of an error or an injustice. The PH Medal 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 for which the award is made must have required treatment, not merely examination, by a medical officer.
There is no documentation within the applicants official personnel record verifying he was recommended for or awarded the PH Medal for an injury sustained in Vietnam. The applicant did not provide any documentation substantiating he received an injury which required medical treatment at the time the injury occurred, nor did he provide any eyewitness statements from individuals who saw the applicant receive the injury.
A complete copy of the AFPC/DPSID evaluation with attachment is at Exhibit C.
SAF/MRBP recommends disapproval of award of the PH based on review of the applicants records and submitted documentation.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 12 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit E).
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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 an injustice. We took notice of the applicant's 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 and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The documents the applicant provided were not sufficient to persuade us he should be awarded the Purple Heart. Our decision in no way lessens the regard we have for his service to the Nation, but in the absence of new information to the contrary, we find no basis to recommend granting the requested relief.
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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.
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The following members of the Board considered AFBCMR Docket Number BC-2013-03961 in Executive Session on 19 Jun 14, under the provisions of AFI 36-2603:
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 Jun 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 11 Apr 14.
Exhibit D. Letter, SAF/MRBP, dated 29 Apr 14.
Exhibit E. Letter, SAF/MRBR dated 12 May 14.
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