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 applicants 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 applicants request for
credit for Vietnam Service. A review of the applicants 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 applicants 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 applicants 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
veterans entitlement to the PH Medal. In order for the
applicants 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 applicants 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 applicants 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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