RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-00035
	XXXXXXX	COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be entitled to the Purple Heart (PH).

________________________________________________________________

APPLICANT CONTENDS THAT:

In Sep 1972, while assigned in Vietnam he was injured during a 
rocket attack.  The only evidence he could come up ·with are 
some pictures that were taken after that rocket attack.  The 
explosive ordinance division said he was lucky because the 
rocket did not explode on impact.  He was the only one injured 
in this attack - a small piece of shrapnel to his right hand.  
This injury is in his medical records; however, it is not noted 
on his discharge record.  The Board should consider his request 
and award him the PH because he heard of a few guys who received 
the PH and did not have an injury. 

In support of his request, the applicant provides a personal 
statement copies of his AF Form 422, Physical Profile Report; DD 
Form 214, Report of Separation from Active Duty, and 
photographs.

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

________________________________________________________________

STATEMENT OF FACTS:

The applicant is a former enlisted member of the Regular Air 
Force, who served on active duty from 25 Feb 1971 through 1 Apr 
1974.

In accordance with AFM 900-3, during the period in question, the 
PH was awarded for wounds received in action against an enemy, 
or as a direct result of an act of any enemy, opposing armed 
force, or hostile foreign force.  For the purpose of considering 
award of the PH, a wound was defined as an injury to any part of 
the body from an outside force or agent.  A physical lesion was 
not required, provided the concussion or other form of injury 
received was due to direct enemy, opposing armed force, or 
hostile foreign force action.

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AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states that after a 
thorough review of the applicant's official military personnel 
record and provided documents, they were unable to verify award 
of the PH.  Since the only documentation provided was a profile 
report, there is no medical documentation of when the injury 
first occurred, if the injury was caused by the enemy, if the 
wound was dressed and needed stitches, or if shrapnel was the 
cause of injury.  The applicant's request cannot be considered 
by the PH Review Board unless there is a detailed personal 
account of how the injury occurred, medical documentation 
substantiating treatment was received, and eyewitness 
statements.  To award the PH would be contrary to the criteria 
established by DoDM 1348.33, Manual of Military Decorations and 
Awards.

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. 

DPSID was able to determine that the Vietnam Service Medal with 
two Bronze Service Stars and the Republic of Vietnam Gallantry 
Cross with Palm should have been awarded during his service from 
25 Feb 1971 to 1 Apr 1974 and was not reflected in his records.  
Upon the final Board decision, administrative correction of his 
official military personnel record will be completed by 
AFPC/DPSOR.

The complete DPSID evaluation, with attachment, is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 31 May 2013, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by 
this office (Exhibit D).

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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.  After 
thoroughly reviewing the evidence of record and noting the PH 
criteria in effect at the time of the applicant’s injury, we are 
not persuaded that he has met his burden of proving that he 
should be entitled to the PH.  In this respect, we note the 
applicant has failed to provide sufficient evidence that he was 
injured in action against an enemy, or as a direct result of an 
act of any enemy.  The applicant’s personal sacrifice and 
unselfish service to our Nation are duly noted; however, without 
documentation to substantiate that he meets either of these 
prerequisite eligibility requirements for entitlement to the PH, 
we find no basis to recommend granting the relief sought in this 
application.

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 this application 
in Executive Session on 17 Sep 2013, under the provisions of AFI 
36-2603:

    , Panel Chair
    , Member
    , Member

The following documentary evidence was considered in AFBCMR BC-
2013-00035:

    Exhibit A.  DD Form 149, dated 28 Dec 2012, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID dated 14 May 2013, w/atch.
    Exhibit D.  Letter, SAF/MRBR, dated 31 May 2013.




								
								Panel Chair




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