RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS. IN THE MATTER OF: DOCKET NUMBER: BC-2015-01894 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). APPLICANT CONTENDS THAT: He should have been awarded the PH for the shrapnel wound he received in 1971 from a “friendly fire” incident while stationed in Vietnam. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 10 Oct 51, the applicant initially entered the Regular Air Force and was discharged on 9 Oct 55 with an Honorable Discharge. On 21 Apr 60, the applicant re-entered the Regular Air Force. On 25 May 72, the applicant was awarded the Air Force Commendation Medal (AFCM), 3rd Bronze Oak Leaf Cluster (OLC) for outstanding achievement during a “friendly fire” incident on 23 Jun 71 at Phan Rang Air Base, Vietnam. The citation and order for this decoration are in the applicant’s military personnel record by not recorded on his DD Form 214 received at retirement. On 30 Apr 76, the applicant was furnished an honorable discharge, and was credited with 20 years and 10 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/DPS3P recommends denial indicating there is no evidence of an error or an injustice warranting award of the PH. The documentation provided by the applicant falls short of that required for consideration by the Purple Heart Board. 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. Although it was documented that the applicant was injured by a grenade, there is no definitive mention of being directly engaged in armed conflict when this incident occurred. There is no medical documentation stating he had an injury that was caused by the enemy or caused by friendly fire while engaged with the enemy. Although the applicant provided the citation for the Air Force Commendation Medal with three Bronze Oak Leaf Clusters as an eyewitness statement it was only one of three parts of the criteria met, was generically written without any details of where the applicant was injured, and no mention of rocket attack or the enemy. To present the applicant's request to the Purple Heart Review Board, the following information is required: 1. A detailed personal account of the circumstances surrounding the applicant's injury to include specifics as to how he was injured, exact date of injury, unit of assignment, and rank held at the time injured. 2. 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. Statements from individuals not substantiated by either medical or official records will not be considered sufficient evidence of wounds. In this respect, entries on Reports of Separation are not considered official. Concerning service-related conditions noted by the Veterans Administration, the injury must have been a direct result of the enemy and meet the Purple Heart criteria. Unfortunately not all service-connected conditions, as determined by the Veterans Administration, meet the criteria for the award. 3. If possible, an eyewitness account from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant's personal account. Based on their review of the applicant's official military personnel record, they determined the below Air Force Medals and/or Ribbons should have been awarded during the applicant's service from 10 October 1951 to 9 October 1955 and from 21 April 1960 to 30 April 1976 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/DP2STM: 1. Air Force Commendation Medal with three Bronze Oak Leaf Clusters (AFCM w/3BOLC) 2. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) A complete copy of the AFPC/DPS3P 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 22 Dec 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 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 to grant award of the Purple Heart. 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 (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The submission falls short in several areas including specific information of the events and details surrounding the applicant’s injury, medical documentation and any eyewitness accounts of the circumstances of the applicant’s injury. We do note that in reviewing the applicant’s military record it was verified the applicant should have been awarded the AFCM w/3BOLC and RVNGC w/P but was not. AFPC/DP2STM will administratively correct the applicant’s military personnel record to add these medals. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief beyond that rendered administratively. 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-2015-01894 in Executive Session on 4 Feb 16 under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 29 Apr 15, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DP3SP, dated 7 Dec 15. Exhibit D. Letter, SAF/MRBR, dated 22 Dec 15.