RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-04630 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His DD Form 214, Report of Separation from Active Duty, be corrected to reflect his Vietnam service. 2. He be awarded the Purple Heart (PH) for a head injury received during a rocket attack while on temporary duty (TDY) to Da Nang Air Base (AB) Republic of Vietnam. ________________________________________________________________ APPLICANT CONTENDS THAT: While stationed at Ching Chuan Kang (CCK) AB, Taiwan he was assigned on temporary duty as an aircraft refueler at DA Nang AB, Vietnam, from 22 July 1972 through 1 September 1972. During a rocket attack on Da Nang, while performing his duties, he was struck across the back of the head by an unknown object. He reported to the base hospital and received stitches for the head wound. He was not aware that he was entitled to the PH for his head wound. He should have been awarded the PH because this incident happened in a war zone while he was on active duty. The head wound led to his medical retirement, for seizure disorder, in 1991. Within a month of his retirement he was diagnosed with diabetes. He is the only member of his family with diabetes. The diabetes was caused by his exposure to Agent Orange in the water they drank and showered in while at Da Nang AB. In support of his request the applicant submits a personal statement and a copy of his White House correspondence package. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 8 September 1970 and was honorably discharged on 2 April 1974. He served 3 years, 6 months and 25 days of active duty, of which, 1 year, 2 months, and 28 days is credited as Foreign and/or Sea Service. The applicant’s DD Form 214 does not reflect Vietnam service or award of the PH. ______________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial. DPAPP states a review of the applicant’s Master Personnel Records and documentation submitted failed to provide any documents that substantiate foreign service time in Vietnam. They were able to verify and confirm foreign service boots on the ground at Ching Chuan Kang Air Base, Taiwan, from 20 March 1972 to 16 June 1973, which is correctly reflected on the applicant’s DD Form 214. The complete AFPC/DPAPP evaluation is at exhibit C. AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant has not provided a detailed personal account to include a date of injury, medical documentation verifying he received a wound as a direct result of enemy action that required medical treatment, and eyewitness statement(s) to support his claim. Furthermore, the Directorate of Assignments has been unable to verify boots on the ground in Vietnam. The Purple Heart (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 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 aircrew member or in a passenger status as a result of the aircraft’s evasive measures against hostile fire, or Post-Traumatic Stress Disorder. Agent Orange is a defoliant that was administered by the United States government. Exposure to Agent Orange is not a qualifying injury for which the PH is awarded. Chemical, biological, or nuclear agents not released by an armed enemy of the United States do not qualify for entitlement to the PH. The complete AFPC/DPSIDRA evaluation is at exhibit D. ______________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force Evaluations were forwarded to the applicant on 24 February 2012 for review and comment within 30 days (Exhibit E). To 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. We took notice of the applicant's complete submission in judging the merits of the case; however, 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 that the applicant has not been the victim of an error or injustice. Therefore, we find no basis to favorably consider 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 this application BC-2011-04630 in Executive Session on, 17 July 2012 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149 dated 4 August 2011, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 28 December 2011. Exhibit D. Letter, AFPC/DPSIDRA, dated 6 February 2012. Exhibit E. Letter, SAF/MRBR, dated 24 February 2012.