RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-01297

						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

He be awarded the Purple Heart Medal.

APPLICANT CONTENDS THAT:

He should be awarded the Purple Heart for injuries received on 5 August 1969.  While in Bien Hoa Air Base, Vietnam, his right foot and ankle were injured during a rocket attack.

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

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 18 March 1968.

The applicant’s medical record indicates that on 5 August 1969, he suffered an injury to his foot and received treatment.

On 14 December 1971, the applicant was honorably released from active duty and transferred to the Air Force Reserve in the grade of sergeant and was credited with 3 years, 8 months, and 27 days of active service and credited with 2 years, 10 months and 15 days of foreign and/or SEA 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 applicant’s request was not submitted in a timely manner.

The Purple Heart 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 Purple Heart 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, DPSID was unable to verify award of the Purple Heart.  DPSID also was unable to locate a signed certificate, special order or any other official documentation, nor was any provided, verifying the applicant was recommended for or awarded the Purple Heart.

The Purple Heart Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran’s award of the Purple Heart.  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 provided medical documentation showing an injury to his foot while in Vietnam on the date he contends; however, there is no mention of enemy attack or rockets, etc.  The applicant’s request lacks eyewitness statements.  In addition, the applicant states, “On 5 August 1969, a rocket attack on Bien Hoa, Vietnam occurred.  I was driving a 3 ton tow truck to a destination, when I stopped the truck, jumped out of the truck onto a nail, it going through the sole of my boot, entering through my foot.  I then ran to the nearest bunker, and waited for the end of the rocket attack.”  His statement clearly identifies the injury to his foot as a misfortunate placement of his foot in the wrong place and not the placing of nails by the enemy to cause injury, which happened at the same time as a rocket attack on the base.  Due to this information, the applicant’s request was not submitted to the Purple Heart Review Board, as his injury does not meet the criteria for award of the Purple Heart.  He also did not provide eyewitness statements to corroborate his account of how he was injured.

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 evaluations was forwarded to the applicant on 16 October 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 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  There is no record to substantiate that the applicant received an injury as a direct result of enemy action for entitlement to the Purple Heart.  While we are not unmindful or unappreciative of the applicant’s service to our Nation, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

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-2015-01297 in Executive Session on 16 February 2016 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-01297 was considered:

    Exhibit A.  DD Form 149, dated 23 March 2015, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, AFPC/DPSID, dated 14 September 2015.
    Exhibit D.  Letter, SAF/MRBR, dated 16 October 2015.