RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-03636

  						COUNSEL:  NONE

						HEARING DESIRED:  NO



APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of 
Transfer or Discharge, reflect the following:

	1.  Purple Heart Medal.

	2.  Combat Infantry Badge.

	3.  Foreign Service – Administratively Corrected.


APPLICANT CONTENDS THAT:

He was issued the contested awards in Cam Rahm Bay, Vietnam, 
before being medevaced to Japan.  The medics took his medals and 
did not return them.  He further states he wants to be 
recognized for his contributions and awards.

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


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 
14 August 1970.

AF Form 1712, Uniformed Military Personnel Record (UMPR), 
reflects the applicant served a tour of duty to Vietnam from 
11 July 1971 to 19 February 1972.

AF Form 356, Proceedings and Findings of USAF Physical 
Evaluation Board, dated 30 November 1972, reflects the applicant 
was diagnosed with schizophrenic reaction, latent type, definite 
impairment of social and industrial adaptability and post 
arthrotomy of the right knee secondary to trauma.  The PEB found 
the applicant was unfit because of physical disability and the 
disability was incurred while entitled to receive basic pay.  
The PEB recommended a temporary retirement with a 40 percent 
compensable percentage.

Special Order Number AC-41295 reflects the applicant was 
relieved from active duty on 27 December 1972 and placed on the 
temporary disability retired list (TDRL) on 28 December 1972 in 
the grade of airman first class.  He served 2 years, 4 months 
and 14 days of active service for retirement.

A re-examination dated 11 April 1977 reflects the PEB recommended 
a permanent retirement with a compensable percentage of 70 percent 
for physical disability.

Special Order Number AC-9045 reflects the applicant was removed 
from the TDRL and retired in the grade of airman first class 
effective 8 May 1977.

On 8 December 2014, AFPC/DPAPP advised the applicant that after 
a complete review of his official military record and the 
documentation he provided, they were able to verify and confirm 
his boots on ground foreign service time at Phan Rang Air Base, 
Republic of Vietnam, from 11 July 1971 to 19 February 1972, for 
7 months and 9 days.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  DPSID states the Purple Heart 
(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 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.

When the Air Force was established by the National Security Act 
of 1947, the transfer functions pertaining to decorations and 
awards excluded the transfer of badges, except basic 
qualification marksmanship badges, and motor vehicle driver and 
mechanic badges as noted in the JAAFAR 1-11-53, 2b(8), dated 
20 December 1948.  Further review of Army Regulation 600-8-22, 
11 December 2006, section II 8-6b1, service members from other 
United States Armed Forces and foreign military (infantry and 
Special Forces equivalents) assigned or attached as a member of 
a United States Army infantry or Special Forces unit of brigade, 
regimental, or smaller size may be considered for award of the 
Combat Infantry Badge (CIB).  All basic requirements as listed 
above must be met.  Retroactive awards under these criteria are 
not authorized for service prior to 18 September 2001.  The CIB 
is authorized for the Vietnam Conflict (2 March 1961 to 28 March 
1973), combined with qualifying service in Laos (19 April 
1961 to 6 October 1962).

The applicant provided Uniform Military Personnel Record (AF 
Form 1712) with a handwritten note stating, “Injuries sustained 
during escape injury full retirement.”  In the applicant’s 
official military personnel record, they located a Request for 
Information (VA Form 70-3101-4), hand-dated 26 October 1989, 
with a hand-written statement of: “No POW status in record….”  
No other documentation could be located to reference captivity, 
escape, or injury sustained while escaping.  No medical records 
were located to indicate the applicant’s retirement for physical 
disability was due to an injury resulting from enemy action.

They were able to locate an AF Form 356, Findings and 
Recommended Disposition of USAF Physical Evaluation Board, 
section B.  Diagnosis 2 - states,…Impairment of the knee – 
right-mild, secondary to trauma and status post arthrotomy.· 
However, since the applicant did not give an account of his 
injury for award of the PH, there is no way to determine how 
this injury occurred or if this injury was caused by the enemy.

The applicant is not entitled to the PH.  There is no official 
supporting documentation provided with the applicant’s request.  
The applicant’s records failed to substantiate conclusive 
documentation that the applicant received an injury as a direct 
result of enemy action.  

Regarding the CIB, according to all applicable guidance the 
Department of the Army is the sole approval authority; 
therefore, the applicant must submit this portion of his request 
to the Department of the Army for consideration.

Based on their review of the applicant’s official military 
personnel record, they were able to determine the Vietnam 
Service Medal with two Bronze Service Stars (VSM w/2BSS), Small 
Arms Expert Marksmanship Ribbon (SAEMR), Republic of Vietnam 
Gallantry Cross with Palm (RVNGC w/P), and the Vietnam Campaign 
Medal (VCM) should have been awarded during the applicant’s 
service from 14 August 1970 to 27 December 1972, and were not 
reflected in his records.  Upon final board decision, 
administrative correction of the applicant’s official military 
personnel record will be completed by AFPC/DPSOR.

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




APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 17 February 2015 for review and comment within 
30 days (Exhibit D).  As of this date, no response has been 
received by this office.


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 an injustice warranting 
award of the PH medal and the CIB.  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 office of primary responsibility and adopt its 
rationale as the basis for our conclusion that the applicant has 
not been the victim of an error or injustice.  There is no 
record to substantiate that the applicant received an injury as 
a direct result of enemy action for entitlement to the PH.  
Regarding the CIB, since the Department of the Army is the sole 
approval authority for the CIB, the applicant must seek 
administrative relief from that department.  As such, we advise 
the applicant to submit his request for the CIB to the 
Department of the Army.  Therefore, other than the 
administrative corrections cited above, we find no basis to 
recommend granting any additional 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-2014-03636 in Executive Session on 30 June 2015 under 
the provisions of AFI 36-2603:


The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 28 August 2014, w/atchs.
	Exhibit B.  Applicant’s Available Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPSID, dated 3 February 2015.
	Exhibit D.  Letter, SAF/MRBR, dated 17 February 2015.