RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02644 COUNSEL: NONE HEARING DESIRED: NOT INDICATED ________________________________________________________________ APPLICANT REQUESTS THAT: The Purple Heart (PH) he received for injuries while deployed to Vietnam be added to his records. ________________________________________________________________ APPLICANT CONTENDS THAT: He remembers the PH being awarded to him; however, it is not reflected on his DD Form 214, Armed Forces of the United States – Report of Transfer or Discharge. The applicant’s complete submission, with attachment, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 15 Feb 1965 through 15 Oct 1968. He served 10 months and 10 days of Foreign Service. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states after a thorough review of the applicant's official military personnel record and provided documents, they were unable to verify award of the PH. Without specific evidence concerning the injury and pertinent medical information, there is nothing to substantiate a wound. To grant him relief would be contrary to the eligibility criteria established by DoDM 1348.33, Manual of Military Decorations and Awards. The PH is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member's medical and/or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member's medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. The PH Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran's award of the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. DPSID was able to determine the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) should have been awarded during his service from 15 Feb 1965 to 15 Oct 1968 and was not reflected in his records. Upon the final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOY. The complete DPSID evaluation, with attachments, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 9 Nov 2012, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. Although the applicant contends that he was previously awarded the PH, he provides no evidence to support this contention. As such, we find that he has failed to sustain his burden of substantiating the existence of an error or an injustice in his records. The applicant’s personal sacrifice and unselfish service to his country are noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate that his injury was the direct result of enemy action or incurred while in action against the enemy, we are unable to verify his entitlement to the Purple Heart. Therefore, in view of the above and 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 this application in Executive Session on 14 Feb 2013, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered in AFBCMR BC- 2012-02644: Exhibit A. DD Form 149, dated 20 Jun 2012, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID dated 3 Nov 2012, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 9 Nov 2012.