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AF | BCMR | CY2013 | BC 2013 04401
Original file (BC 2013 04401.txt) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-04401
		COUNSEL:  NONE
		HEARING DESIRED:  NO

________________________________________________________________

THE APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) medal.

________________________________________________________________

THE APPLICANT CONTENDS THAT:

He received shrapnel wounds from a mortar attack while serving 
in Vietnam.

At the time with everything that was going on with the war, the 
award itself didn't seem all that important.  All these years 
later, he realizes otherwise.

His current medical provider requests that his medical records 
includes a history of receiving shrapnel wounds and that he 
exhibits scars consistent with shrapnel wounds and further 
requests that his statement be included as a part of his 
official medical records.

In support of his appeal, the applicant provides a personal 
statement; copies of photos during his military service; his 
DD Form 256AF, Honorable Discharge Certificate, dated 6 Apr 84; 
DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, issued in conjunction with his 10 Jun 
68 separation and letters to his family and medical provider.  

The applicant’s complete submission, with attachments, is at 
Exhibit A.

________________________________________________________________

STATEMENT OF FACTS:

On 11 Jun 64, the applicant entered active duty for a period of 
four years.  On 10 Jun 68, he was released from active duty and 
credited with 4 years of active duty service during this period.  

Based on his DD Form 214, he was awarded the Vietnam Service 
Medal, with two Bronze Service Stars (VSM, w/2BSSs) and the 
Republic of Vietnam Campaign Medal (RVCM).  

________________________________________________________________

THE AIR FORCE EVALUATION:

AFPC/DPSID recommends denial, stating, in part, 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, DPSID 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 21 Mar 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 the applicant has 
not been the victim of an error or injustice.  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-2013-04401 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 12 Aug 13, w/atchs. 
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID, dated 28 Feb 14.
    Exhibit D.  Letter, SAF/MRBR, dated 21 Mar 14.




                                   




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