RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01158

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH) Medal.  

APPLICANT CONTENDS THAT:

He received injuries on 26 February 1968 while serving in Vietnam.  However, due to the frequent change in assignments, no one was available to submit a recommendation for award of the PH medal for his injuries.  Since the day he sustained the injuries, he has been plagued with various ailments.  He has permanent hearing loss, restricted movement of the neck and backaches.  

He was informed that one is not “recommended” for the decoration, but rather is entitled to it for injuries sustained during wartime hostile actions.  

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

STATEMENT OF FACTS:

On 1 August 1982, the applicant retired from the Air Force and was credited with 27 years, 1 month, and 28 days of active 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/DP3SP recommends denial.  There is no official documentation in the applicant’s record, nor was any provided, such as a recommendation or Special Order verifying the applicant was recommended for or awarded the PH.  Although the applicant provided a personal account he does not state what injury he received, there is no medical documentation for treatment received of said injury or eyewitness statements corroborating the applicant’s account.  
The 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 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.  

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.  The applicant’s request cannot be forwarded to the PHRB for consideration, as he lacks a complete package required for reasonable consideration.  

A complete copy of the AFPC/DP3SP evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

He is eligible and entitled to the PH since his injuries occurred from hostile action.  His temporary bunker located at Bien Hoa Air Base (AB), Vietnam sustained a direct hit.  He was knocked backwards off his feet causing him to land hard, striking his head and back.  He was able to be examined by medics because the medical personnel were billeted in the same compound.  The medic informed him that he had sustained a slight concussion and needed to stay awake for a while.  He was further told that the ringing in his ears, headaches and dizziness were common, but if the headache persisted or became severe, he needed to see a doctor.  The following day he was transported to Phan Rang AB, Vietnam.  

The rocket attack and casualties should be a matter of record with numerous witnesses; however, under the circumstances and confusion names could not be obtained.  

A complete copy of the applicant’s response is at Exhibit E.  

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, including his rebuttal response, 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 the applicant has not been the victim of an error or injustice.  While the applicant indicates the rocket attack and casualties which occurred at Bien Hoa Air Base (AB), Vietnam should be a matter of record, he is reminded that this Board is not an investigative body, and the burden of proof of an error or injustice rests with the applicant.  The personal sacrifice the applicant has endured for his country is noted and our decision is not intended in any way to lessen the importance of his service; however, insufficient documentary evidence has been presented to warrant awarding him the PH Medal.  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-2015-01158 in Executive Session on 2 June 2016 and 6 June 2016 under the provisions of AFI 36-2603:

Panel Chair
	Member
	Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01158 was considered:

	Exhibit A.  DD Form 149, dated 15 March 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 27 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 28 April 2016.
	Exhibit E.  Letter, Applicant, dated 22 May 2016.