RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04309
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
THE APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) medal.
________________________________________________________________
THE APPLICANT CONTENDS THAT:
He was injured during a mortar attack while serving in the
Republic of Vietnam. While running for cover he tripped, fell,
severely sprained his left ankle and skinned the palms of his
hands and elbows. He was given a 10-day duty excuse.
In support of his appeal, the applicant provides copies of
extracts from his medical records and a report noting the
circumstances surrounding his injury.
The applicants complete submission, with attachments, is at
Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 8 Aug 67, the applicant entered active duty for a period of
four years.
The applicants AF Form 7, Airman Military Record, reflects he
served in Vietnam, from Dec 68 to Apr 69. An entry in his
medical records dated 7 Feb 69, reflects a left ankle injury.
AFPC/DPSOR will administratively correct the applicants record
to reflect award of the Presidential Unit Citation (PUC), the
Air Force Outstanding Unit Award, with Valor and three Bronze
Oak Leaf Clusters, (AFOUA w/V & 3BOLCs), the Vietnam Service
Medal, with one Silver Service Star (VSM w/1SSS), and the
Republic of Vietnam Gallantry Cross, with Palm (RVGNC, w/P).
________________________________________________________________
THE AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. DPSID notes that there is no
Special Order, recommendation, or signed certificate in the
applicant's military personnel record indicating he was
recommended or awarded the PH. There is no evidence that he
suffered an injury through enemy contact. A detailed personal
account of how the injury occurred, medical documentation
substantiating he received an injury which required medical
treatment at the time the injury occurred, and eyewitness
statements from individuals who saw the applicant receive the
injury were not provided. There is no medical documentation in
his military personnel record to substantiate any injuries he
may have received were enemy related injuries. To grant relief
would be contrary to the criteria established by DoDM 1348.33,
the Secretary of the Air Force, Chief of Staff, and/or War
Department.
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 for 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.
In addition, they listed additional criteria for a request to be
considered by the Purple Heart Review Board (PHRB); however, no
additional documentation meeting the criteria was located or
provided to substantiate the applicants claim of wounds
received from enemy action.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:
A copy of the Air Force evaluations were forwarded to the
applicant on 30 Jan 14 for review and comment within 30 days.
As of this date, no response has been received by this office
(Exhibit D).
________________________________________________________________
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. 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 that relief beyond
that has been granted administratively is not warranted. In
view of the above and in the absence of evidence to the
contrary, we find no basis to recommend granting further relief
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-2013-04309 in Executive Session on 29 Jul 14, under
the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 5 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 30 Jan 14.
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