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AF | BCMR | CY2014 | BC 2014 00771
Original file (BC 2014 00771.txt) Auto-classification: Denied
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-00771
			COUNSEL:  NONE
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

His DD Form 214, Certificate of Release or Discharge from Active 
Duty, be corrected to reflect award of the following:

Air Force (AF) Combat Action Medal (CAM);

Good Conduct Medal (GCM);

Air Force Outstanding Unit Award with Valor (AFOUA w/V);

Republic of Vietnam Gallantry Cross with Palm (RVGC w/P); 

Purple Heart (PH);

Presidential Unit Citation (PUC); (Will be administratively 
corrected)

Vietnam Service Medal with four (4) Bronze Service Stars (VSM 
w/4 BSSs). (Will be administratively corrected)



APPLICANT CONTENDS THAT:

He was in Southeast Asia (Vietnam) from 26 Oct 68 to 25 Oct 
69 during which time he was assigned to the 31st Tactical Fighter 
Wing.  

He believes the Board should find it in the interest of justice 
to consider his application because the awards were never added 
to his DD 214.

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


STATEMENT OF FACTS:

On 24 Feb 67, the applicant entered the Regular Air Force 

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, issued in conjunction with his 23 Feb 
71 discharge, reflects award of the RVGC.

On 23 Feb 67, the applicant received an honorable discharge, and 
was credited with 4 years, 2 months and 15 days of active 
service.   


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial of the applicant’s request for the 
CAM, GCM, AFOUA w/V, RVGC w/P and the PH. 

DPSID was unable to verify an additional award of the RVGC w/P.  
There are no authorized devices for additional awards of the 
RVGC w/P therefore; devices for the RVGC w/P are not updateable 
to his DD Form 214.

DPSID was unable to verify the applicant was assigned or 
attached to a unit awarded the AFOUA w/V during the inclusive 
dates of the award.  They were able to verify the 31st 
Maintenance Squadron was awarded the AFOUA w/V; however, the 
inclusive dates for the award were 17 Dec 66 to 30 Apr 68, which 
was prior to his arrival to that unit rendering him ineligible 
for the AFOUA w/V.

The applicant’s dates of service were prior to the award dates 
for award of the AFCAM and after the award dates for the GCM; 
therefore, rendering him ineligible for both awards; 

DPSID states in part, that the PH is awarded to any member of 
the United States Armed Forces who, while serving under 
competent authority in any capacity with one of the United 
States Armed Forces, after 5 April 17, has been wounded, killed, 
or who has died or may hereafter die of wounds received under 
any of the following circumstances:  In action against an enemy 
of the United States; in action with an opposing armed force of 
a foreign country in which the United States Armed Forces are or 
have been engaged; while serving with friendly foreign forces 
engaged in an armed conflict against an opposing armed force in 
which the United States is not a belligerent party; as a result 
of an act of any such enemy or opposing armed forces; as the 
result of an act of any hostile foreign 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 Purple Heart 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 PH Review Board has the authority (on behalf of the 
Secretary of the Air Force (SecAF)), to determine a veteran’s 
award of the Purple Heart.  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.  After a thorough review of the applicant’s 
official military personnel record, DPSID was unable to verify 
award of the PH.  There is no medical documentation indicating 
an injury occurred and that the injury meets the criteria of the 
PH.  His request was not boarded by the PH Review Board as a 
detailed personal account, medical documentation showing the 
injury required medical assistance and that it was caused by the 
enemy, and eyewitness statements were not provided.  

On 15 Mar 07, the SecAF approved establishment of the AF CAM to 
recognize any military member of the Air Force (airman basic 
through colonel) who actively participated in combat (ground or 
air).  The principal eligibility criterion is that the 
individual must have been under direct and hostile fire while 
operating in unsecured space (outside the defended perimeter); 
and come under enemy attack by lethal weapons while performing 
those duties; and are at risk of grave danger.  Or individuals 
defending the base (on the defended perimeter); and come under 
fire and engage the enemy with direct and lethal fire; and are 
at risk of grave danger, also meet the intent of combat 
conditions for this award.  The AF CAM may be awarded for 
qualifying service form 11 Sep 01, to a future date to be 
determined.  Retroactive awards prior to 11 Sep 01 are not 
authorized.  Upon establishment of this medal, the SecAF 
delegated sole approval authority to the Commander, Air Force 
Forces in the particular combat area.  

The GCM is awarded to enlisted members who have honorably 
completed three continuous years of active military service 
subsequent to 26 Aug 40, and who are recommended by their 
commanding officers for exemplary behavior, efficiency and 
fidelity.  This medal is only awarded to airmen prior to the 
establishment of the Air Force Good Conduct Medal (AFGCM) on 
1 Jun 63.  In accordance with Executive Order 8809, amended by 
Executive Order 9323, the AFGCM may also be awarded to service 
members who complete more than one year but less than three 
years of active federal military service if the GCM has not been 
previously awarded.

The AFOUA was authorized by the SecAF, 6 Jan 54.  It is awarded 
by the Secretary of the Air Force to units that have 
distinguished themselves by exceptionally meritorious service or 
outstanding achievement that clearly sets the unit above and 
apart from similar units.  A bronze “V” device is awarded when 
the award of the Air Force Outstanding Unit Award is made to a 
unit for combat or direct combat support.

The RVGC w/P unit citation was awarded by the Republic of 
Vietnam to certain units of the Armed Forces of the United 
States for valorous combat achievement during the Vietnam 
Conflict, inclusive from 1 Mar 61 to 28 Mar 73.  There are no 
authorized devices as only one RVGC w/P unit citation shall be 
worn regardless of the number of awards received.

Based on a review of the applicant’s official military personnel 
record, the below AF Medals and/or Ribbons should be awarded 
during the applicant’s service from 24 Feb 67 to 23 Feb 71.   
Upon final Board decision, administrative correction of the 
applicant's official military personnel record will be completed 
by AFPC/DPSOR to add the following to his record:  PUC, VSM 
w/4 BSSs and the Air Force Longevity Service Award (AFLSA):  

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He understands the denial of some awards due to his dates of 
service.  In his initial request, he asked for his medical 
records which he still has not received.  In those records, the 
Board should find evidence of a head wound he received while in 
Tuy Hoa Vietnam.  While he has no eyewitnesses, nor remembers 
the date, he received 13 stitches for an injury that occurred 
while the enemy was dropping mortar rounds and small arms fire.  
He remembers being thrown into the bomb mounts on the wing of an 
F-100 from the impact of a mortar round—this caused his head 
injury.  He was taken for medical attention after making it back 
to the main hanger.  He was told he received 13 stitches from 
the hair line back which was stitched with clear liquid bandage.   

The applicant’s complete response is at 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 to warrant 
award of the AFCAM, GCM, AFOUA w/V, PH or an additional RVGC w/P.  
The applicant assertions that he received 13 stitches for an 
injury that occurred while the enemy was dropping mortar rounds 
and small arms fire are duly noted; however, he has not provided 
substantial evidence which, in our opinion, successfully refutes 
the assessment of his case by the Air Force Office of Primary 
Responsibility. Therefore, we agree with the opinion and 
recommendation of the AF OPR and adopt the rationale expressed as 
the basis for our decision that the applicant has failed to 
sustain his burden of proof of either an error or an injustice. 
The applicant’s personal sacrifice and unselfish service to his 
country is noted and our decision in no way lessens our regard 
for his service; however, without documentation to substantiate 
his injury was caused by enemy action, we are unable to verify 
his entitlement to the PH.  Aside from the administrative 
corrections noted above, we find no basis to recommend granting 
the additional relief sought in this application.


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.


The following documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-00771 was considered:

	Exhibit A.  DD Form 149, dated 19 Feb 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 27 May 14.
	Exhibit D.  Letter, SAF/MRBR, dated 13 Jun 14.
	Exhibit E.  Applicant’s Rebuttal, undated.


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