RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-03250 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal for injuries received while on duty at Phu Cat Air Base, Republic of Vietnam. _________________________________________________________________ APPLICANT CONTENDS THAT: On or about 21 January 1968 while on duty in Vietnam, he deployed a hand flare for illumination; however, the flare ignited, burning his forearms, neck and face. After notifying the noncommissioned officer on duty (NCOD), he was relieved and taken to the base hospital for treatment of his injuries. In support of his request, the applicant provides extracts from his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 9 August 1965, the applicant enlisted in the Regular Air Force. The applicant’s SF Form 600, Chronological Record of Medical Care, states that on 21 January 1968, he received second and third degree burns on his face and arms. 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 that 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 in a passenger status as a result of the aircraft’s evasive measures against hostile fire. On 31 January 1969, the applicant was honorably discharged in the grade of airman basic after serving 3 years, 5 months and 23 days of total active service. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s military personnel and medical records lacks sufficient documentation or evidence to verify he was injured due to direct enemy action. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he is not sure what the Air Force needs from him. He has provided pictures to support his request. The applicant’s complete response, with attachments, 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. After thoroughly reviewing the evidence of record, we are not persuaded the applicant’s request for the Purple Heart should be granted. The applicant’s contentions are duly noted; however, without documentation to substantiate his injury was the direct result of enemy action, we are unable to verify his entitlement to the Purple Heart. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale expressed as the basic for our conclusion that the applicant has not been the victim of an error or injustice. 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 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-2010-03250 in Executive Session on 21 June 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Sep 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 1 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 12 Nov 10. Exhibit E. Applicant’s Response, dated 27 Nov 10.