RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS



IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-04402
		COUNSEL:  NONE
		HEARING DESIRED:  YES

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APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.

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APPLICANT CONTENDS THAT:

On 12 February 1972, he received urgent medical care at the 3rd 
Field Hospital in Saigon, Republic of Vietnam, as a result of a 
stabbing wound by an unknown combatant.  He was stabbed in the 
abdomen and was hospitalized from 12 February 1972 to 28 
February 1972.

In support of the applicant’s appeal he submits documents 
extracted from his military personnel records and a letter from 
the Wisconsin Department of Veterans Affairs (VA).

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25 May 1970.

On 15 February 1974, the applicant was honorably released from 
active duty and transferred to the Air Force Reserve.  He served 
3 years, 8 months and 21 days on active duty.  He was credited 
with 1 year of foreign and/or sea service.

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.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit C.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states after a thorough 
review of the applicant's official military personnel record, 
they were unable to verify award of the PH.

The applicant states he was stabbed in the abdomen by an unknown 
combatant.  The applicant provided a Statement of Medical 
Examination and Duty Status (DA Form 2173) verifying he was 
medically treated for wounds received while leaving a bar on or 
about 0030 on 12 February 1972 at Tan Son Nhut, Vietnam.  The 
document further states the applicant was stabbed in the abdomen 
by a member of the Army of the Republic of Vietnam.

The PH Review Board has the authority (on behalf of the 
Secretary of the Air Force), to determine a veteran's award of 
the PH.  Each request is considered based on the policies and 
criteria in use at the time the veteran was injured, and the 
determination is dependent on the documentary evidence 
presented.

The PH Review Board considered the applicant's request and 
disapproved award of the Purple Heart on 4 March 2014 due to the 
applicant not meeting the requirements for award of the Purple 
Heart.

While the applicant's service is appreciated, based on the 
documentation available the applicant's injury was by a member 
of an allied force, Army of the Republic of Vietnam, and not a 
result of enemy action.  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 the War Department.

The DPSID complete evaluation is at Exhibit C.





SAF/MRBP recommends denial.  MRBP states after a review of the 
applicant’s records and submitted supporting documents, they 
concur with AFPC/DPSID in recommending disapproval of the PH.  
The applicant’s injury does not meet the criteria for award of 
the PH.

The MRBP complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 15 May 2014, copies of the Air Force evaluations were 
forwarded to the applicant for review and response within 
30 days (Exhibit E).  As of this date, no response has been 
received by this office. 

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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 error or injustice.  The 
applicant’s contentions are duly noted; however, after reviewing 
the evidence of record, we agree with the opinion and 
recommendation of AFPC/DPSID and SAF/MRBP and adopt their 
rationale as the basis for our conclusion the applicant has not 
provided sufficient evidence to substantiate his entitlement to 
the PH.  Therefore, we find no basis to recommend granting the 
relief sought in this application.

4.  The applicant's case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.

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THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an 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-2013-04402 in Executive Session on 24 June 2014, under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 9 September 2013, w/atchs.
   Exhibit B.  DD Form 214, AF Form 7, Airman Performance
               Reports and a Report of Medical Examination.
   Exhibit C.  Letter, AFPC/DPSID, dated 11 April 2014.
   Exhibit D.  Letter, SAF/MRBP, dated 29 April 2014.
   Exhibit E.  Letter, SAF/MRBR, dated 15 May 2014.





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