RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02388 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: While assigned in Vietnam, his unit suffered a mortar attack resulting in numerous casualties. Personnel who reported to the base clinic were submitted for the PH. He was knocked down by a blast, but did not feel he was seriously injured and joined in fighting the fires, as it was one of his duties. He fought fires until the next evening when his commander sent him to bed. When he woke up, his leg was painful and bruised. The next morning he went to the clinic and discovered his leg was broken. The clinic did not put him on the list for the PH because two days had passed since the mortar attack. His supervisor, who was due to depart Vietnam in Dec 66, told him he deserved the PH and said he would submit him for the award. His supervisor showed him a copy of his airman performance report (APR) and the PH submission and explained that he did not have enough time to complete the process prior to his departure; however, his new supervisor would “walk” the paperwork through. He departed Ton Son Nhut Air Base, Republic of Vietnam on 2 Feb 67. When he arrived at Mather AFB, CA, he discovered his APR was changed from a 10 to a 6 rating and the PH paperwork was missing. In support of his request, the applicant provides a personal statement, copies of his DD Form 214, Certificate of Release or Discharge from Active Duty, his retirement orders, and a personal statement from his wife. The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served on active duty in the Regular Air Force from 21 Jan 63 to 31 Jan 91 and retired in the grade of senior master sergeant (SMSgt). His DD Form 214 reflects 28 years of total active service, which includes 13 years, 5 months, and 23 days of Foreign Service. He served with the 377th Civil Engineering Squadron, Tan Son Nhut Air Base, Republic of Vietnam from Feb 66 to Feb 67. The PH is awarded for wounds or death as a result of an act of any 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. The PH is awarded for wounds received as a direct result of enemy actions (e.g. gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout 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. A detailed personal account of the circumstances surrounding the injury is required to include specifics as to how the injury occurred, exact date of injury, unit of assignment, and rank held at the time of the injury. If possible, an eyewitness account should be provided from individuals who saw the injury and can attest to the circumstances surrounding the personal account. The remaining relevant facts pertaining to this application are contained in the evaluation prepared by the appropriate office of the Air Force found at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states they were unable to locate a certificate or special order for the PH. DPSIDR states the applicant provided a detailed statement describing the circumstances surrounding his injury, however there was no date given and no eyewitness statements provided. DPSIDR states that although his wife made a statement, it was second hand and based on the applicant’s statement. DPSIDR states they were unable to locate medical documentation in the applicant’s military personnel file that supports a claim of an injury he sustained in Vietnam. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant provided an eye witness statement that corroborates the events surrounding his injury. The eyewitness states he was a friend and co-worker while they were both stationed at Ton Son Nhut Air Base, Republic of Vietnam from 66 to 67. He recalls the dorm they lived in was at the end of the taxiway when a mortar attack in 66 hit the Civil Engineering compound, the taxiway, and a JP4 (jet propellant) tank. The witness states they were called to work between 2:00 a.m. and 3:00 a.m. to assist in fighting the fire caused by the attack. Many people, including the applicant, who sustained a leg injury, were wounded. He states the applicant did not seek medical assistance until several days after the attack. The eye witness states that the applicant’s supervisor submitted him for award of the PH; however, the paperwork never made it to the appropriate office for finalization. He hopes his statement will help the applicant receive the honor he deserves. The applicant states he could not provide a certificate or special order for the PH because his supervisor during the last month of his assignment in Vietnam disposed of the PH paperwork prepared by his previous supervisor of 11 months. He also states he cannot recall the exact day of the attack that occurred at Ton Son Nhut Air Base, Republic of Vietnam, but the base was only attacked once or twice in 66. The Petroleum, Oil, and Lubricants (POL) tank area was attacked only once in 66. He states this should not be difficult to verify since he was injured during this attack. Regarding medical documentation, the applicant states he was treated for his injuries at the base clinic. He was given an x-ray and placed in a cast for eight weeks. He states this should be in his military medical records and does not feel this is difficult to verify. Although he had multiple injuries, he thought they would heal. However, after many years his injuries have progressively become worse. According to the applicant, the Veterans Medical Center in XXXXXXX, FL, advised him both shoulders and knees require replacement. He states he has been granted military connected disability for his shoulders and knees. The applicant’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 an error or injustice. After a thorough review of the available evidence of record, we are not persuaded the applicant should be awarded the PH Medal. Although the applicant provided a witness statement to corroborate his claim, there was no evidence presented which confirms that he was medically treated for any wounds incurred as a direct result of enemy fire. While the applicant states he was treated for his injuries at the base clinic and placed in a cast for eight weeks, we did not find any documents in his medical records to reflect this. Should he secure supporting medical documentation, we would be willing to reconsider this application. Otherwise, without persuasive evidence he was wounded as a direct result of enemy action, we find no basis to recommend favorable consideration of 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 AFBCMR BC-2011- 02388 in Executive Session on 8 Mar 12, under the provisions of AFI 36-2603: The following documentary evidence was considered in AFBCMR BC- 2011-02388: Exhibit A. DD Form 149, dated 8 Jun 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, HQ AFPC/DPSIDR dated 5 Dec 11. Exhibit D. Letter, SAF/MRBR, dated 16 Dec 11. Exhibit E. Rebuttal, Applicant, dated 10 Jan 12 w/atch.