RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-04396 COUNSEL: NONE HEARING DESIRED: YES _________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: While serving in Nha Trang Air Base, Republic of Vietnam, he was injured while seeking cover during a mortar attack. He was hit by shrapnel in his back and left shoulder. The applicant further contends that he sought treatment for his injuries at the dispensary hospital in Nha Trang, however the medical treatment for his wounds was never documented in his medical records. In support of his request, the applicant provides a personal statement, a copy of a letter to the National Personnel Records Center, a statement from his medical doctor, and letters to and from Headquarters (HQ) Air Force Personnel Center (AFPC). The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 10 September 1965, the applicant enlisted in the Regular Air Force. In May 1969, the applicant was severely injured when he was hit by a motor vehicle and hospitalized. On 10 November 1970, the applicant was placed on the Temporary Disability Retired List (TDRL). On 12 May 1972, the applicant was removed from the TDRL and received a permanent disability retirement. The applicant’s DD Form 214, Armed Forces of the United States Report of Transfer or Discharge reflects award of the National Defense Service Medal (NDSM), Republic of Vietnam Campaign Medal (RVCM), Vietnam Service Medal (VSM), and the Small Arms Expert Marksmanship Ribbon (SAEMR). AFPC has verified the applicant’s entitlement to four additional Bronze Service Stars (BSS) to his previously awarded VSM, the Air Force Outstanding Unit Award with Valor (AFOUA w/V), the Presidential Unit Citation with one oak leaf cluster (PUC w/1OLC), and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), Air Force Good Conduct Medal, (AFGCM), and the Air Force Longevity Service Award (AFLSA). The applicant’s records will be updated to reflect these awards. The PH is awarded for wounds received as a direct result of enemy actions (e.g., forced aircraft or shrapnel wounds, hand- to-hand combat wounds, forced aircraft bailout injuries, etc). In addition, it is necessary that the wound required or received documented 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 aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIDR recommends denial. DPSIDR states the applicant did not provide sufficient evidence to verify his injury, or that it was a direct result of enemy action. Additionally, the applicant, by his own admission, stated his injuries were sustained as an indirect result of enemy action. DPSIDR states that the applicant has made three previous requests for award of the PH, all of which have been denied. The complete DPSIDR evaluation, with attachment is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant states he was wounded by shrapnel during the TET Offensive, which was a direct hostile military action during the Vietnam War. His section of the Nha Trang Air Force Base was under attack and everyone was taking cover while trying to defend and hold off the enemy. After the temporary “all clear” was given, he turned in his flack jacket and M-16 Rifle. As he turned to walk away, an airman told him he had a bloody patch on the upper back of his left shoulder and needed to report to the dispensary. He was treated at the Nha Trang hospital and was told by a medic “we’re going to take care of you for this.” The applicant’s complete submission 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 an error or injustice. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we are not persuaded that his injuries were the direct result of enemy action or friendly fire as required for award of the PH. In addition, 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. The personal sacrifice the applicant has endured for his country is noted and our decision is not intended in any way to lessen the importance of his service; however, insufficient documentary evidence has been presented to warrant awarding him the PH. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to the Board’s understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. _________________________________________________________________ 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-2010-04396 in Executive Session on 24 May and 9 June 2011, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-04396 was considered: Exhibit A. DD Form 149, dated 16 Nov 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 8 Apr 11, w/atch. Exhibit D. SAF/MRBR, Letter, dated 22 Apr 11. Exhibit E. Applicant’s Response, dated 12 May 11, w/atchs.