RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2015-00079 COUNSEL:	NONE
HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.

APPLICANT CONTENDS THAT:
While stationed in Saigon, Vietnam in the summer of 1969, he was attacked by a group of anti-American radicals. Using knives, they attempted to cut his throat. They were unsuccessful but did cut his head and back. His wounds were treated by an American medical facility, including stitches from the knife wound on his back. Shortly after the attack, he was transported back to the United States and was honorably discharged. He has received a Vietnam Service Medal (VSM) end the Republic of Vietnam Campaign Medal (RVCM) but not the Purple Heart.

He believes this error occurred due to the short period of time between the attack, his return to the United States, and subsequent discharge. At the time, there was not a high priority in processing awards and he had not considered this oversight until his medical history was reviewed at the Department of Veterans affairs (DVA) in 2014.

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:
On 17 Nov 66, the applicant entered the Regular Air Force.
On 14 Aug 70, the applicant was furnished an honorable discharge, and was credited with 3 years, 8 months, and 28 days of active service, which included 1 year, 4 months, and 12 days of foreign service.

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), 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 (PH) Medal 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 Medal 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.

After a thorough review of the applicant’s official military personnel record, evidence was not found to verify award of the PH Medal. Additionally, there is no evidence of a signed certificate, Special Order or any other official documentation, nor was any provided, verifying the applicant was recommended for or awarded the PH Medal.

The Purple Heart Review Board (PHRB) has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. In order to present the applicant’s request to the PHRB, the following information is required: a) a detailed personal account of the circumstances surrounding the applicant’s injury to include specifics as to how the applicant was injured, exact date of injury, unit of assignment, and rank held at the time injured; b) medical documentation to substantiate medical treatment was received. If medical documentation is not available, a statement from a medical officer (military or civilian) attesting that an examination revealed that an injury of the type incurred would or should have received medical treatment may be submitted. Concerning 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 Medal criteria. Unfortunately, not all service-connected conditions, as determined by the DVA, meet the criteria for the award; c) if possible, an eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding his personal account. The applicant’s request was not submitted to the Purple Heart Review

Board as it lacks medical documentation from the date of injury and eyewitness statements.

It is recommended to deny award of the PH Medal. The request was not submitted in a timely manner, nor is there official documentation in the applicant’s record to verify he was recommended for or awarded the PH. Further, there is no medical documentation for medical treatment received, or eyewitness statements attesting to the circumstances surrounding the injuries. To grant relief would be contrary to the criteria established by DODM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department.

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 2 Jun 15 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 not exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.
3.	Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated the PHRB is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted. The applicant should resubmit medical documentation for medical treatment received, and/or eyewitness statements attesting to the circumstances surrounding the injuries to the PHRB. Therefore, in view of the above, 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-2015-00079 in Executive Session on 23 Sep 15 under the provisions of AFI 36-2603:

, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A.	DD Form 149, dated 29 Dec 14, w/atchs. Exhibit B.	Applicant's Master Personnel Records. Exhibit C.	Memorandum, AFPC/DPSID, dated 18 Apr 15. Exhibit D.	Letter, SAF/MRBR, dated 2 Jun 15.