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AF | BCMR | CY2013 | BC 2013 04309
Original file (BC 2013 04309.txt) Auto-classification: Denied

                       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 applicant’s 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 applicant’s 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 applicant’s 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 applicant’s 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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