RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03540 INDEX CODE: 107.00 XXXXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. _______________________________________________________________ APPLICANT CONTENDS THAT: He was injured by the enemy in Vietnam and feels he should receive the PH. In support of his application, the applicant submits a personal statement; medical documents; award documents for the Air Medal; DD Form 214, Armed Force of the United States Report of Transfer or Discharge; DD Form 215, Correction to DD Form 214; performance report closing 6 October 1968; and Medical Recommendation for Flying Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: On 19 January 1966, the applicant enlisted in the Regular Air Force at the age of 19 in the grade of airman basic for a period of four years. He was progressively promoted to the grade of sergeant (E-4) with a date of rank of 1 October 1968. According to a military health record entry dated 29 March 1969, the applicant, while stationed in Vietnam, sustained a small laceration, not requiring sutures, after he was hit by a rock on the back of his head. On 10 December 1969, the applicant was honorably released from active duty and transferred to the Air Force Reserve for completion of term of service. He served four years and one day on active duty of which two years, one month, and nine days were foreign service. The applicant’s DD Form 214 reflects he was awarded the National Defense Service Medal, Air Force Good Conduct Medal, Vietnam Service Medal with one Bronze Service Star, and the Republic of Vietnam Campaign Medal. On 29 August 2007, his record was corrected to reflect the award of the Air Medal. On 18 January 2008, the applicant’s record was corrected to reflect the award of the Presidential Unit Citation with one Oak Leaf Cluster, Air Force Outstanding Unit Award with Valor, Air Force Longevity Service Award, the Republic of Vietnam Gallantry Cross with Palm, and changed his Vietnam Service Medal with one Bronze Service Star to a Vietnam Service Medal with one Silver Service Star. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for the PH medal. DPSIDR states to be awarded the PH, there must be documentation (detailed accounts, eyewitness statements, and medical documentation) to show wounds were a direct result of enemy action. While there is medical evidence in the applicant’s records that he sustained an injury during an attack in Vietnam, there were no official documents submitted or in his records to verify his injury was due to enemy action. Therefore, they were unable to verify his entitlement for award of the PH. The DPPPR evaluation, with attachments, is at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 25 January 2008, a copy of the Air Force evaluation was forwarded to the applicant for review and response within 30 days. As of this date, this office has received no response. ________________________________________________________________ _ 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 error or injustice. After a thorough review of the available records, we found no evidence that the individual is eligible for the award of the Purple Heart Medal. The applicant did not provide any documentary evidence to substantiate his claim that he was wounded in action as a direct result of enemy action, or that he was recommended for, or awarded, the Purple Heart Medal. The personal sacrifice the applicant endured for his country is noted and the recommendation to deny the requested relief in no way diminishes the high regard we have for his service. Nevertheless, in view of the above, we find no basis to favorably consider this application. ________________________________________________________________ _ 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. ________________________________________________________________ _ The following members of the Board considered this application in Executive Session on 19 March 2008, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2007-03540: Exhibit A. DD Form 149, dated 1 Oct 07, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 19 Dec 07, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Jan 08.