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AF | BCMR | CY2013 | BC_2013 02262
Original file (BC_2013 02262.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:	DOCKET NUMBER:  BC-2013-02262

		COUNSEL:  NONE

		HEARING DESIRED:  NO


________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected to reflect the following:

1.  He served in Vietnam. 

2.  He was awarded the Purple Heart (PH) medal.

________________________________________________________________

APPLICANT CONTENDS THAT:

He was wounded in Vietnam on a helicopter during combat.

In support of his appeal, the applicant provides a copy of his 
DD Form 214, Armed Forces of the United States Report of 
Separation or Discharge, and correspondence from the Department 
of Veterans Affairs (DVA).

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

________________________________________________________________

STATEMENT OF FACTS:

On 20 Nov 61, the applicant commenced his enlistment in the Air 
Force and was released from active duty on 21 May 65.  He was 
credited with three years, six months, and two days of active 
service, but was credited with no foreign or sea service.  Block 
27 of the DD Form 214 indicates the applicant did not receive 
any injuries as a result of enemy action.

The remaining relevant facts pertaining to this application are 
described in the letters prepared by the Air Force offices of 
primary which are attached at Exhibits C and D.  

________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPAPP recommends denial of the applicant’s request for 
credit for Vietnam Service.  A review of the applicant’s MPR and 
the documentation provided failed to substantiate the applicant 
served in Vietnam.

A complete copy of the AFPC/DPAPP evaluation is at Exhibit C.

AFPC/DPSID recommends denial of the applicant’s request for 
award of the PH medal indicating there is no evidence of an 
error or injustice.  There is no documentation showing the 
applicant was recommended for or awarded the PH medal.  The 
applicant has not provided any documentation showing he had an 
injury that meets the criteria for award of the PH medal.  The 
PH medal is awarded for wounds or death as a direct result of an 
act of any opposing armed force, as a result of an international 
terrorist attack, or as a result of military operations while 
serving as part of a peacekeeping force.  The injury must have 
required treatment by a medical officer.  The treatment of the 
injury should be documented in the service member's medical or 
health record.  The PH medal may be awarded for injuries treated 
by a medical professional other than a medical officer, provided 
a statement is placed in the service member's medical record 
that the injury would have required treatment by a medical 
officer if one had been available.

While the applicant’s MPR contains documents indicating that he 
received medical treatment and surgery for his right knee, there 
is no indication as to whether the injury that gave rise to the 
requirement for him to have surgery was incurred due to the 
action of the enemy.

The Purple Heart Review Board (PHRB) has the authority, on 
behalf of the Secretary of the Air Force, to determine a 
veteran’s entitlement to the PH Medal.  In order for the 
applicant’s case to be presented to the PHRB he must have a 
detailed personnel account of the circumstances surrounding his 
injury, medical documentation to substantiate he received 
medical attention, and an eyewitness statement from an 
individual who saw him injured and can attest to the 
circumstances of his personal account.

The applicant’s entitlement to the National Defense Service 
(NDSM) was verified and his record will administratively 
corrected to reflect the award.

A complete copy of the AFPC/DPSID evaluation is at Exhibit D.

________________________________________________________________




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 19 Sep 13, 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 an 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 offices of primary 
responsibility (OPR) and adopt their rationale as the basis for 
our conclusion 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-2013-02262 in Executive Session on 13 Feb 14, under 
the provisions of AFI 36-2603:

	 Panel Chair
	 Member
	 Member





The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2013-02262 was considered:

     Exhibit A.  DD Form 149, dated 6 May 13, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPAPP, dated 30 May 13.
     Exhibit D.  Letter, AFPC/DPSID, dated 23 Aug 13.
     Exhibit E.  Letter, SAF/MRBR, dated 19 Sep 13.




                                   Panel Chair



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