RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-03733

 						COUNSEL:  NONE

						HEARING DESIRED:  NO 

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be amended to reflect the following awards and decorations:

	The Purple Heart (PH).

	The Presidential Unit Citation (PUC).  (WILL BE ADMINISTRATIVELY CORRECTED).  
	
	Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).  (WILL BE ADMINISTRATIVELY CORRECTED).  

APPLICANT CONTENDS THAT:

In 1996, the 90th Special Operations Squadron (90 SOS) was awarded the PUC for the period of 24 January 1964 to 30 April 1972.  

In 1971, he received a shrapnel wound to his head.

In 1972, he was awarded the RVNGC w/P.  

His records were incomplete or unavailable at the time of his discharge.  The corrections are required for Department of Veterans Affairs (DVA) benefits.  

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

STATEMENT OF FACTS:

The applicant entered the Regular Air Force on 29 September 1970 and was honorably discharged on 10 May 1973 in the grade of Sergeant (Sgt, E-4).  He was credited with 2 years, 9 months and 21 days of active duty service.

AF Form 348, Line of Duty Determination (LOD), dated 30 March 1971, reflects the applicant incurred an in the LOD head injury as a result of being hit on the head with a trash can while in the barracks during off-duty time.  

The applicant’s DD Form 214 reflects he was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal (RVCM).  His DD Form 214 also reflects “Vietnam-Yes.”

The applicant’s DD Form 215, Correction to DD Form 214, issued on 5 February 1975 reflects award of the Air Force Outstanding Unit Award with Combat V Device (AFOUA w/V).

The PH is awarded for wounds or death as a result of an act of any opposing armed force, as a result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force.  

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 of the PH.  The request was not made in a timely manner.  Additionally, the request lacks the necessary documentation for submission to the PH Review Board for consideration.  There is no official documentation in the applicant’s record to verify he was recommended for or awarded the PH.  The applicant did not provide a detailed personal account, medical documentation verifying he received an injury which required and received medical treatment, or any eyewitness statements.  To grant relief would be contrary to the criteria established by DODM 1348.33, Manual of Military Decorations and Awards, the Secretary of the Air Force and the Chief of Staff. 

The PH Review Board 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 PH Review Board, a detailed personal account of the circumstances, medical documentation to substantiate medical treatment was received and an eyewitness account from an individual who saw the applicant injured and can attest to the personal account are required.  

Based on a review of the applicant’s record, DP3SP determined the applicant should have been awarded the PUC, AFOUA w/V and One Bronze Oak Leaf Cluster (AFOUA w/V & 1 BOLC), the VSM with three Bronze Service Stars (VSM w/3 BSS) and the RVNGC w/P.  Upon the Board’s final determination, the applicant’s record will be administratively corrected by AFPC/DP2STM.  

A complete copy of the AFPC/DP3SP 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 31 May 2016 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.  While the applicant claims a date of discovery of less than three years ago, in our view, the reasonable date of discovery of the alleged error or injustice was more than three years ago and the application is therefore untimely.  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 for 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.  Therefore, aside from the administrative corrections for award of the PUC, AFOUA w/V & 1 BOLC, VSM w/3 BSS and the RVNGC w/P, 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-2015-03733 in Executive Session on 9 August 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 26 August 2015, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DP3SP, dated 5 April 2016.
	Exhibit D.  Letter, AFBCMR, dated 31 May 2016.