RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-02671 INDEX CODE:	107.00
COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
The	decedent’s	records	be	corrected	to	reflect	award	of	the Purple Heart.

APPLICANT CONTENDS THAT:
While assigned in Vietnam, the decedent received second and third degree burns on both feet and left flank due to a gasoline bomb being thrown into the vehicle he was riding in.

The Republic of Vietnam Campaign Medal (RVNCM) and Vietnam Service Medal (VSM) are not shown on the decedent’s DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

In support of her request, the applicant provided a copy of the decedent’s DD Form 214, death certificate with attachments, and medical documents.

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

STATEMENT OF FACTS:
The decedent was honorably retired 1 Nov 67. Records indicate that on 22 Jan 65, he was treated for burns he incurred while assigned in Vietnam.

The Purple Heart is awarded for wounds or death as a result of an act of an opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force.

AFPC/DPPPR was able to verify and update the decedent’s records to reflect his entitlement to the RVNCM and the VSM with one Bronze Service Star.

AIR FORCE EVALUATION:
AFPC/DPPPR recommends denial. DPPPR states the decedent did not meet the minimum requirements for award of the Purple Heart. DPPPR further states that indirect injuries do not meet the criteria for award of the Purple Heart. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, airplane bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire.

The complete AFPC/DPPPR 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 7 Nov 08 for review and comment within 30 days (Exhibit D). Although the applicant did not respond, the Veterans of Foreign Wars (VFW), San Diego Regional Service Office, provided comments indicating the decedent gave subjective history of an attack by hostile force with a gasoline bomb (otherwise known as a Molotov Cocktail) on 27 Dec 64, and that he was subsequently medically evacuated through the Naval Hospital in Saigon, Clark, and Travis AFB to March AFB, for 56 days of treatment for the burns incurred as a result of the attack. Additionally, service members exposed to improvised explosive device (IED) or other explosive devices in today’s combat zones are routinely awarded the Purple Heart for injuries incurred as a result of these incidences and it stands to reason that there should be no difference in entitlement to the award as both of these issues are a result of hostile action by an enemy force.

The VFW’s complete response, with attachment, is at Exhibit E.

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. 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. We also noted that
1.	
the decedent was treated for burns; however, an accounting of the injuries in the narrative summary is from the decedent rather than an on-scene medical attendant or eyewitness. Additionally, we do not find the assertion made by the VFW representative that Purple Hearts are routinely awarded today for injuries sustained from IEDs and other explosive devices sufficiently persuasive to recommend granting the requested relief. Should the applicant provide evidence from an independent source or corroborating eyewitness for the injuries he states he sustained, we would be willing to reconsider this application. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 Docket Number BC- 2008-02671 in Executive Session on 14 and 16 January 2009, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 15 Jul 08, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPPPR, dated 22 Oct 08. Exhibit D.	Letter, SAF/MRBR, dated 7 Nov 08.
Exhibit E.	VFW Letter, dated 7 Jan 09, w/atch.