RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02262 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect the following: 1. He served in Vietnam. 2. He was awarded the Purple Heart (PH) medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He was wounded in Vietnam on a helicopter during combat. In support of his appeal, the applicant provides a copy of his DD Form 214, Armed Forces of the United States Report of Separation or Discharge, and correspondence from the Department of Veterans Affairs (DVA). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 20 Nov 61, the applicant commenced his enlistment in the Air Force and was released from active duty on 21 May 65. He was credited with three years, six months, and two days of active service, but was credited with no foreign or sea service. Block 27 of the DD Form 214 indicates the applicant did not receive any injuries as a result of enemy action. The remaining relevant facts pertaining to this application are described in the letters prepared by the Air Force offices of primary which are attached at Exhibits C and D. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPAPP recommends denial of the applicant’s request for credit for Vietnam Service. A review of the applicant’s MPR and the documentation provided failed to substantiate the applicant served in Vietnam. A complete copy of the AFPC/DPAPP evaluation is at Exhibit C. AFPC/DPSID recommends denial of the applicant’s request for award of the PH medal indicating there is no evidence of an error or injustice. There is no documentation showing the applicant was recommended for or awarded the PH medal. The applicant has not provided any documentation showing he had an injury that meets the criteria for award of the PH medal. The PH medal is awarded for wounds or death as a direct 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 injury must have required treatment by a medical officer. The treatment of the injury should be documented in the service member's medical or health record. The PH medal may be awarded for injuries treated by a medical professional other than a medical officer, provided a statement is placed in the service member's medical record that the injury would have required treatment by a medical officer if one had been available. While the applicant’s MPR contains documents indicating that he received medical treatment and surgery for his right knee, there is no indication as to whether the injury that gave rise to the requirement for him to have surgery was incurred due to the action of the enemy. The Purple Heart Review Board (PHRB) has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s entitlement to the PH Medal. In order for the applicant’s case to be presented to the PHRB he must have a detailed personnel account of the circumstances surrounding his injury, medical documentation to substantiate he received medical attention, and an eyewitness statement from an individual who saw him injured and can attest to the circumstances of his personal account. The applicant’s entitlement to the National Defense Service (NDSM) was verified and his record will administratively corrected to reflect the award. A complete copy of the AFPC/DPSID evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 19 Sep 13, 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 an 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 offices of primary responsibility (OPR) and adopt their rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. Therefore, 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 the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 Docket Number BC-2013-02262 in Executive Session on 13 Feb 14, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02262 was considered: Exhibit A. DD Form 149, dated 6 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPAPP, dated 30 May 13. Exhibit D. Letter, AFPC/DPSID, dated 23 Aug 13. Exhibit E. Letter, SAF/MRBR, dated 19 Sep 13. Panel Chair 1