RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04401 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. ________________________________________________________________ THE APPLICANT CONTENDS THAT: He received shrapnel wounds from a mortar attack while serving in Vietnam. At the time with everything that was going on with the war, the award itself didn't seem all that important. All these years later, he realizes otherwise. His current medical provider requests that his medical records includes a history of receiving shrapnel wounds and that he exhibits scars consistent with shrapnel wounds and further requests that his statement be included as a part of his official medical records. In support of his appeal, the applicant provides a personal statement; copies of photos during his military service; his DD Form 256AF, Honorable Discharge Certificate, dated 6 Apr 84; DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 10 Jun 68 separation and letters to his family and medical provider. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 11 Jun 64, the applicant entered active duty for a period of four years. On 10 Jun 68, he was released from active duty and credited with 4 years of active duty service during this period. Based on his DD Form 214, he was awarded the Vietnam Service Medal, with two Bronze Service Stars (VSM, w/2BSSs) and the Republic of Vietnam Campaign Medal (RVCM). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSID recommends denial, stating, in part, 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, DPSID 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 21 Mar 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 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-2013-04401 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 12 Aug 13, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 28 Feb 14. Exhibit D. Letter, SAF/MRBR, dated 21 Mar 14.