RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-02379 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he was awarded the Purple Heart (PH) medal. ________________________________________________________________ APPLICANT CONTENDS THAT: On 12 May 67, he was injured in a rocket and mortar attack while stationed at Bien Hoa Air Base, Vietnam. The book “Air Base Defense in the Republic of Vietnam 1961 – 1973, published by the Air Force History Office confirms the 12 May 67 attack on Bien Hoa. In support of his appeal, the applicant provides an expanded statement, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, Radiology Report, and email correspondence. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 23 Sep 56, the applicant commenced his enlistment in the Regular Air Force. The applicant’s AF Form 7, Airman Military Record, reflects he was on temporary duty (TDY) from 24 Apr 67-5 Oct 67 (161 days) in Southeast Asia. The AF Form 77a, Supplemental Sheet to AF Forms 75, 77, 707 and 475, for the period 24 Apr 67 to 2 Jul 67, indicates the applicant arranged transportation for all personnel departing Vietnam. The AF Form 77a for the period 10 Jul 67 to 5 Oct 67 states the applicant was responsible for the submission of combat activity reports during half of his tenure in SEA. In accordance with AFM 900-3, during the period in question, the PH Medal 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 Medal, 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 action, opposing armed force, or hostile foreign force action. The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Purple Heart Review Board (PHRB) has the authority to determine a service member’s entitlement to the PH Medal. The service member must submit a detailed account of the circumstances surrounding the injury to include specifics as to how they were injured, exact date of injury, unit of assignment, and rank held at the time of injury. Also, medical documentation must be provided to substantiate the service member received medical treatment. If medical documentation is not available, a statement from a military or civilian medical officer can be submitted. The statement must attest that an examination revealed that an injury of the type incurred would or should have received medical treatment. In regard to service-related conditions noted by the Department of Veterans Affairs (DVA) – the injury must have been a direct result of the enemy and meet the PH criteria. However, not all service connected conditions determined by the DVA meet the criteria for the PH Medal. The applicant provided a detailed personal account of the circumstances of him being injured, recent medical documentation pertaining to an injury; however, he has not provided medical documentation from the time period in question of the alleged injury nor has he provided any eyewitness statements. Furthermore, there was no official order, recommendation, or certificate located in the applicant’s military records showing he was recommended or awarded the PH Medal. A complete copy of the AFPC/DPSID 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 18 Oct 13 for review and comment within 30 days (Exhibit D). As of this date, no response has been received by this office. ________________________________________________________________ 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 office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. While the applicant has presented recent medical documentation indicating a shrapnel injury to his knee, he has presented no evidence whatsoever that said injury was the direct result of the action of an enemy. 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-2013-02379 in Executive Session on 6 Mar 14, under the provisions of AFI 36-2603: , Chair , Member , Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-02379 was considered: Exhibit A. DD Form 149, dated 6 May 13, w/atchs. Exhibit B. Applicant's Master Personnel Records Exhibit C. Letter, AFPC/DPSID, undated. Exhibit D. Letter, SAF/MRBR, dated 18 Oct 13. Chair 1