RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04001 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He receive the award elements for the Purple Heart (PH) he was awarded in 1970. _________________________________________________________________ APPLICANT CONTENDS THAT: 1. While serving in Binh Thuy Air Base, Vietnam, he was injured while seeking cover during a mortar and rocket attack. He was thrown to the ground from the impact of a rocket which landed near him. 2. He noticed blood was trickling down his right leg; his toenails were missing from both feet, and he experienced extreme pain in his back which contributed to his service-connected disability. 3. His commander learned of his injuries; presented him with the PH several weeks later, and informed him that the paperwork would soon follow. 4. He was reassigned to Bien Hoa, Air Base, Vietnam and inquired about the paperwork. His new commander stated “he would look into it;” however, before he could find out the status, he was sent back to the United States and discharged. 5. It was not until he called “Medals of America” that he realized he never received the paperwork for the PH. In support of his request, the applicant provides a personal statement. The applicant's complete submission, with attachment, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: On 5 May 66, the former member enlisted in the Regular Air Force. On 16 Mar 70, he was discharged with an honorable discharge. He had 4 years and 21 days of total active service. The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshots or shrapnel wounds, hand-to-hand combat wounds, and 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 because of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s official military records does not provide documentation of medical treatment immediately following the incident in 1969 or any eyewitness statement which would verify that his injury was the result of combat action with the enemy. The applicant’s record states he received medical treatment in Jun 70 for a back injury he experienced at Bien Hoa Air Base, Vietnam, while working on a construction project. The diagnosis was muscle sprain. Additionally, DPSIDR was unable to locate medical or eyewitness documentation to support the applicant’s claim that his injury was combat-related, which is a requirement in order to justify entitlement to the PH. The complete 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 16 Dec 11 for review and comment (Exhibit D). As of this date, this office has not received a 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. After thoroughly reviewing the evidence of record and noting the applicant’s contentions, we find no evidence which would lead us to believe the applicant’s injuries were a direct result of enemy action as required for award of the PH. Therefore, 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 the applicant has not been the victim of an error or injustice. The personal sacrifice the applicant 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. 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-2011-04001 in Executive Session on 1 May 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Oct 11, w/atch. Exhibit B. Applicant's Available Military Records. Exhibit C. HQ AFPC/DPSIDR, Letter, dated 1 Dec 11. Exhibit D. SAF/MRBR, Letter, dated 16 Dec 11.