RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-00817
				INDEX CODE:  107.00
				COUNSEL:  NONE

				HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  18 SEPTEMBER 2008

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APPLICANT REQUESTS THAT:

His records be corrected to reflect he was awarded the Purple Heart (PH) medal.
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APPLICANT CONTENDS THAT:

He believes he should receive the PH for injuries he sustained during a mortar attack.

In support of his request, applicant provided a Department of Veterans Affairs (DVA) award letter.

Applicant's complete submission, with an attachment, is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force (RegAF) on 5 April 1968, as an airman basic (AB).

The applicant’s records reflect he served in Vietnam from 3 March 1971 through 3 March 1972.

The applicant was honorably released from active duty on 3 December 1971, under the provisions of AFM 39-10 in the grade of sergeant.  He served 3 years, 7 months and 29 days of active duty service.

On 19 April 2007, HQ AFPC/DPPPR notified the applicant that his DD Form 214 will be amended to add the Air Force Outstanding Unit Award with Valor and one Oak Leaf Cluster (AFOUA w/V & 1 OLC), three Bronze Service Stars to his Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVNCM).

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AIR FORCE EVALUATION:

HQ AFPC/DPPPR recommends the applicant’s request for award of the PH be denied.  DPPPR states to be awarded the PH, a servicemember must provide documentation to support he was wounded as a direct result of enemy action and must have received medical treatment by medical personnel.

DPPPR further states indirect injuries do not meet the criteria for award of the PH.  Indirect injuries include but are not limited to, diseases, exposure, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircraft member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire.  

The applicant’s medical and military records did not reflect any medical documentation of treatment of injuries sustained as a direct result of enemy action.  Nor did the applicant provide documentation indicating he sustained injuries that meet the criteria for award of the PH.

The Purple Heart Review Board (PHRB) has the authority, on behalf of the Secretary of the Air Force (SAF), to determine a servicemember’s entitlement to the PH.  The servicemember must submit a detailed account of the circumstances surrounding the injury to include specifics as to how they were injured, exact date of injury, unit of assignment, and rank held a the time of injury.  Also, medical documentation must be provided to substantiate the servicemember received medical treatment.  If medical documentation is not available, a statement from a military or civilian medical officer can be submitted.  The statement must attest that an examination revealed that an injury of the type incurred would or should have received medical treatment.  In regard to service-related conditions noted by the VA – the injury must have been in direct result of the enemy and meet the PH criteria.  However, not all service connected conditions were caused by the enemy.

Lastly, if possible, an eyewitness account from an individual who witnessed the servicemember being injured and attest to the circumstances surrounding the servicemember’s personal account.

AFPC/DPPPR evaluation is attached at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant 
and counsel on 18 May 2007, for review and response within 30 days.  As of this date, no response has been received by this office.  

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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.  We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or an injustice.  As previously stated the applicant records will be corrected to reflect award of the KDSM.  The documentation provided by the applicant and his military records do not substantiate he had an injury that met the criteria for award of the PH.  The applicant did not provide any evidence to substantiate the injuries he sustained during the mortar attack were incurred as a result of enemy action.  While we are not unmindful or unappreciative of the applicant’s service to his Nation, in the absence of evidence substantiating the applicant was injured as a direct result of enemy action, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board this application in Executive Session on 8 August 2007, under the provisions of AFI 36‑2603:

				XXXXXXXXXX, Panel Chair
				XXXXXXXXXX, Member
				XXXXXXXXXX, Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2007-00817 was considered:

	Exhibit A.	DD Form 149, dated 18 Dec 06, w/atch.
	Exhibit B.	Available Military Personnel Records.
	Exhibit C.	Letter, HQ AFPC/DPPPR, 20 Apr 07.
	Exhibit D.	Letter, SAF/MRBR, dated 18 May 07.

					XXXXXXXXXX
					Panel Chair