RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04309 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He was injured during a mortar attack while serving in the Republic of Vietnam. While running for cover he tripped, fell, severely sprained his left ankle and skinned the palms of his hands and elbows. He was given a 10-day duty excuse. In support of his appeal, the applicant provides copies of extracts from his medical records and a report noting the circumstances surrounding his injury. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 8 Aug 67, the applicant entered active duty for a period of four years. The applicant’s AF Form 7, Airman Military Record, reflects he served in Vietnam, from Dec 68 to Apr 69. An entry in his medical records dated 7 Feb 69, reflects a left ankle injury. AFPC/DPSOR will administratively correct the applicant’s record to reflect award of the Presidential Unit Citation (PUC), the Air Force Outstanding Unit Award, with Valor and three Bronze Oak Leaf Clusters, (AFOUA w/V & 3BOLCs), the Vietnam Service Medal, with one Silver Service Star (VSM w/1SSS), and the Republic of Vietnam Gallantry Cross, with Palm (RVGNC, w/P). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID notes that there is no Special Order, recommendation, or signed certificate in the applicant's military personnel record indicating he was recommended or awarded the PH. There is no evidence that he suffered an injury through enemy contact. A detailed personal account of how the injury occurred, medical documentation substantiating he received an injury which required medical treatment at the time the injury occurred, and eyewitness statements from individuals who saw the applicant receive the injury were not provided. There is no medical documentation in his military personnel record to substantiate any injuries he may have received were enemy related injuries. To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or War Department. 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. In addition, they listed additional criteria for a request to be considered by the Purple Heart Review Board (PHRB); however, no additional documentation meeting the criteria was located or provided to substantiate the applicant’s claim of wounds received from enemy action. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluations were forwarded to the applicant on 30 Jan 14 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. 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 relief beyond that has been granted administratively is not warranted. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting further relief 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-2013-04309 in Executive Session on 29 Jul 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Sep 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 2 Jan 14. Exhibit D. Letter, SAF/MRBR, dated 30 Jan 14.