RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03636 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, reflect the following: 1. Purple Heart Medal. 2. Combat Infantry Badge. 3. Foreign Service – Administratively Corrected. APPLICANT CONTENDS THAT: He was issued the contested awards in Cam Rahm Bay, Vietnam, before being medevaced to Japan. The medics took his medals and did not return them. He further states he wants to be recognized for his contributions and awards. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 14 August 1970. AF Form 1712, Uniformed Military Personnel Record (UMPR), reflects the applicant served a tour of duty to Vietnam from 11 July 1971 to 19 February 1972. AF Form 356, Proceedings and Findings of USAF Physical Evaluation Board, dated 30 November 1972, reflects the applicant was diagnosed with schizophrenic reaction, latent type, definite impairment of social and industrial adaptability and post arthrotomy of the right knee secondary to trauma. The PEB found the applicant was unfit because of physical disability and the disability was incurred while entitled to receive basic pay. The PEB recommended a temporary retirement with a 40 percent compensable percentage. Special Order Number AC-41295 reflects the applicant was relieved from active duty on 27 December 1972 and placed on the temporary disability retired list (TDRL) on 28 December 1972 in the grade of airman first class. He served 2 years, 4 months and 14 days of active service for retirement. A re-examination dated 11 April 1977 reflects the PEB recommended a permanent retirement with a compensable percentage of 70 percent for physical disability. Special Order Number AC-9045 reflects the applicant was removed from the TDRL and retired in the grade of airman first class effective 8 May 1977. On 8 December 2014, AFPC/DPAPP advised the applicant that after a complete review of his official military record and the documentation he provided, they were able to verify and confirm his boots on ground foreign service time at Phan Rang Air Base, Republic of Vietnam, from 11 July 1971 to 19 February 1972, for 7 months and 9 days. AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states the Purple Heart (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 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. When the Air Force was established by the National Security Act of 1947, the transfer functions pertaining to decorations and awards excluded the transfer of badges, except basic qualification marksmanship badges, and motor vehicle driver and mechanic badges as noted in the JAAFAR 1-11-53, 2b(8), dated 20 December 1948. Further review of Army Regulation 600-8-22, 11 December 2006, section II 8-6b1, service members from other United States Armed Forces and foreign military (infantry and Special Forces equivalents) assigned or attached as a member of a United States Army infantry or Special Forces unit of brigade, regimental, or smaller size may be considered for award of the Combat Infantry Badge (CIB). All basic requirements as listed above must be met. Retroactive awards under these criteria are not authorized for service prior to 18 September 2001. The CIB is authorized for the Vietnam Conflict (2 March 1961 to 28 March 1973), combined with qualifying service in Laos (19 April 1961 to 6 October 1962). The applicant provided Uniform Military Personnel Record (AF Form 1712) with a handwritten note stating, “Injuries sustained during escape injury full retirement.” In the applicant’s official military personnel record, they located a Request for Information (VA Form 70-3101-4), hand-dated 26 October 1989, with a hand-written statement of: “No POW status in record….” No other documentation could be located to reference captivity, escape, or injury sustained while escaping. No medical records were located to indicate the applicant’s retirement for physical disability was due to an injury resulting from enemy action. They were able to locate an AF Form 356, Findings and Recommended Disposition of USAF Physical Evaluation Board, section B. Diagnosis 2 - states,…Impairment of the knee – right-mild, secondary to trauma and status post arthrotomy.· However, since the applicant did not give an account of his injury for award of the PH, there is no way to determine how this injury occurred or if this injury was caused by the enemy. The applicant is not entitled to the PH. There is no official supporting documentation provided with the applicant’s request. The applicant’s records failed to substantiate conclusive documentation that the applicant received an injury as a direct result of enemy action. Regarding the CIB, according to all applicable guidance the Department of the Army is the sole approval authority; therefore, the applicant must submit this portion of his request to the Department of the Army for consideration. Based on their review of the applicant’s official military personnel record, they were able to determine the Vietnam Service Medal with two Bronze Service Stars (VSM w/2BSS), Small Arms Expert Marksmanship Ribbon (SAEMR), Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P), and the Vietnam Campaign Medal (VCM) should have been awarded during the applicant’s service from 14 August 1970 to 27 December 1972, and were not reflected in his records. Upon final board decision, administrative correction of the applicant’s official military personnel record will be completed by AFPC/DPSOR. 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 17 February 2015 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 an injustice warranting award of the PH medal and the CIB. 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. There is no record to substantiate that the applicant received an injury as a direct result of enemy action for entitlement to the PH. Regarding the CIB, since the Department of the Army is the sole approval authority for the CIB, the applicant must seek administrative relief from that department. As such, we advise the applicant to submit his request for the CIB to the Department of the Army. Therefore, other than the administrative corrections cited above, we find no basis to recommend granting any additional 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-2014-03636 in Executive Session on 30 June 2015 under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 28 August 2014, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 3 February 2015. Exhibit D. Letter, SAF/MRBR, dated 17 February 2015.