RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03374 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Purple Heart (PH). _________________________________________________________________ APPLICANT CONTENDS THAT: In 1970 while assigned in Vietnam, he was injured during a rocket attack. In support of his request, the applicant provides a personal statement and a copy of a witness statement. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: In a 7 May 1970 entry, his SF 600, Chronological Record of Medical Care, reflects he had "painful and swollen nose bridge due to injury during a rocket attack...minor hematoma black eyes swelling." During this time he was assigned to Bien Hoa AB, Vietnam. In accordance with AFM 900-3, Decorations, Service Awards, Unit Awards, Special Badges, Favorable Communications, Certificates, and Special Devices, during the period in question, the PH was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force. For the purpose of considering award of the PH, a wound was defined as an injury to any part of the body from an outside force or agent. A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force action. _________________________________________________________________ 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 applicant claims he should be awarded the PH for the injuries he received during daily rocket and mortar attacks when a dark unknown object struck him in the face and knocked him out. While an eyewitness found him lying in blood on the floor with a wound on the forehead for which he later received stitches and a broken nose, there is no medical documentation to substantiate the wounds were received by enemy action. 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 Vietnam Service Medal with three Bronze Service Stars, the Republic of Vietnam Gallantry Cross with Palm and the Vietnam Campaign Medal should have been awarded during his service from 4 Nov 1968 to 3 Nov 1972 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/DPSOR. The complete DPSID evaluation, with attachment, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: He is disappointed that AFPC/DPSID recommends his PH be denied. They were able to determine he should have been awarded numerous medals during his service that were not reflected in his records. Therefore, he would like to receive these medals before he dies. The military made a mistake regarding these medals, but they are making a bigger mistake regarding his entitlement to the PH. He is proud to have served his country and has no reason to lie. His 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice warranting awarding the applicant the PH. After reviewing the documentation submitted and the evidence of record, we believe, he has provided sufficient evidence to support award of the PH. The applicant provided with his request a statement from a former service member attesting to the incident at Bien Hoa, Vietnam and the injuries he received in 1970. Furthermore, a review of his medical record reveals the applicant received medical treatment in 1970 for injuries he sustained due to a rocket attack in Bien Hoa AB, Vietnam. In view of the circumstances of this case, we believe the applicant has satisfied the criteria for award of the PH. Therefore, his records should be corrected to the extent indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the PH for injuries he received as a direct result of enemy action on 7 May 1970. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 29 Oct 2013, under the provisions of AFI 36- 2603: , Panel Chair , Member , Member All members voted to correct the record and recommended. The following documentary evidence was considered in AFBCMR BC-2012- 03374: Exhibit A. DD Form 149, dated 25 Jul 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID dated 22 Apr 2013, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Apr 2013. Exhibit E. Letter, Applicant, undated. Panel Chair 2 3