RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03059 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) for injuries he sustained during the Vietnam War. ________________________________________________________________ APPLICANT CONTENDS THAT: There is no error or injustice, he simply wants a review of his records to determine his entitlement to the PH based on the injuries he sustained from “friendly fire,” as a result of his exposure to Agent Orange poisoning. In support of his appeal, the applicant submits a personal statement; his application to the Purple Heart Review Board, and copies of his DD Forms 214, Report of Transfer or Discharge, issued in conjunction with his honorable discharges and subsequent retirement. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant was relieved from active duty, on 31 Mar 71, under the provisions of AFM 35-7, in the grade of major. He was credited with 20 years, 1 month, and 17 days of active duty service, including four years, one month, and four days of foreign service. ________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial, stating, in part, due to the criteria for award of the PH, a lack of sufficient documentation, and their previous responses to the applicant, they cannot approve his request. 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 bail out injuries, etc.). In addition, it is necessary the wounds required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the 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 in a passenger status as a result of the aircraft’s evasive measures against hostile fire. After a thorough review of the applicant’s military personnel record (MPR), they were unable to locate a recommendation, special order, or any other official documentation signifying the applicant was awarded the PH for his service in Vietnam. In addition, they noted that a letter had been forwarded, in Dec 06, informing the applicant that the PH criteria is clearly focused on wounds incurred through action with an enemy and that chemical agents not released by the enemy are specifically excluded; therefore, an award of the PH could not be authorized. The complete HQ AFPC/DPSIDR 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 4 Feb 11 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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, in our view, the Air Force office of primary responsibility has adequately addressed the issues presented by the applicant and we adopt the rationale expressed as the basis for our conclusion that the applicant has not been the victim of an error or injustice. In addition, while the applicant believes there is a disparity between the services in regard to the qualification for the PH, based on Department of Defense and Air Force Instructions, chemical, biological, or nuclear agents not released by the enemy do not qualify for entitlement to the PH. 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 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 Docket Number BC- 2010-03059 in Executive Session on 19 April 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 22 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 18 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 4 Feb 11.