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 applicants 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 applicants 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 applicants 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 members 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 members 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 veterans
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 applicants
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 applicants official military personnel
record, the below AF Medals and/or Ribbons should be awarded
during the applicants 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 roundthis 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 applicants 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 applicants 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. Applicants Rebuttal, undated.
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