RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02353 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show award of the Purple Heart (PH). _______________________________________________________________ APPLICANT CONTENDS THAT: While serving in Vietnam, he received injury to his eyes on 28 March 1972, when an accumulator he was working on exploded during a mortar attack. His First Sergeant mentioned he was submitted for a Purple Heart. The applicant does not provide any evidence in support of his appeal. The applicant’s complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who was released from the Regular Air Force on 30 November 1986 and retired effective 1 December 1986 in the grade of senior master sergeant (E-8). He served 20 years and 22 days on active duty of which 4 years, 1 month, and 20 days was Foreign Service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states the PH is awarded for wounds received as a direct result of enemy actions, (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, 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 because of the aircraft’s evasive measures against hostile fire. DPSIDRA indicates that after a thorough review of the applicant’s military personnel record, they found no corroborating documentation verifying the accumulator explosion was caused by an act of the enemy. Nor did the applicant provide any eyewitness statements to help substantiate his claim. The applicant’s case was considered by the Purple Heart Review Board (PHRB) on 1 October 2010; however, his request was denied. The complete DPSIDRA 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 15 October 2010, for review and comment 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. 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. Therefore, in the absence of evidence to the contrary, we find no 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 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-2010-02353 in Executive Session on 24 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2010-02353: Exhibit A. DD Form 149, dated 24 Jun 10. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 4 Oct 10. Exhibit D. Letter, SAF/MRBR, dated 15 Oct 10.