RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2018-00107

	COUNSEL: NONE
	
	HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

His revoked Purple Heart (PH) medal be restored.

APPLICANT CONTENDS THAT:

On 31 Dec 69, the site where he was located in Laos came under attack by communist forces and he was wounded in his left arm and face.  The Purple Heart Review Board (PHRB) was not forth coming with all the allegations and investigation information leading up to the revocation of his PH medal.  Additionally, Presidential Executive Order #11016 was violated and he was not given due process.  The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 13 Jul 66.  On 10 Jul 70, he received an honorable discharge and was credited with 3 years, 11 months, and 28 days of total active service, to include 1 year, 3 months and 2 days of foreign service.

The PH 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 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 PHRB has the authority 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.

AFI 36-2803, The Air Force Military Awards and Decorations Program, dated 18 Dec 13, Table 3.9, Purple Heart states in part, “Members and veterans of foreign wars can apply for the PH if they can provide supporting documentation they meet the criteria…and have eyewitness statements to confirm injury by the hands of the enemy.”

National Archives, Presidential Executive Order #11016, states in part, the following:
1. The Secretary of a military department, or the Secretary of Transportation with regard to the Coast Guard when not operating as a service in the Navy, shall, in the name of the President of the United States, award the Purple Heart, with suitable ribbons and appurtenances, to any member of an armed force under the jurisdiction of that department and any civilian national of the United States who, while serving under competent authority in any capacity with an armed force of that department, has been, or may hereafter be, wounded—

	(a) in any action against an enemy of the United States;
	(b) in any action with an opposing armed force of a foreign country in which the armed forces of the United States are or have been engaged;
	(c) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party;
	(d) as the result of an act of any such enemy or opposing armed force;
	(e) as the result of an act of any hostile foreign force;
	(f) after 28 Mar 73, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack for the purposes of this Order by the Secretary of the department concerned, or jointly by the Secretaries of the departments concerned if persons from more than one department are wounded in the attack; or	(g) after 28 Mar 73, as a result of military operations, while serving outside the territory of the United States as part of a peacekeeping force.

[Para. 1 amended by Executive Order 11382 of Nov. 28, 1967, 32 FR 16247, 3 CFR, 1966-1970 Comp., p. 691; Executive Order 12464 of 23 Feb 84, 49 FR 7099, 3 CFR, 1984 Comp., p. 163]

2. The Secretary of a military department, or the Secretary of Transportation, shall, in the name of the President of the United States, award the Purple Heart, with suitable ribbons and appurtenances, posthumously, to any person covered by, and under the circumstances described in,--
	(a) paragraphs 1(a)-(e) who, after 5 Apr 17; or
	(b) paragraphs 1(f)-(g) who, after 28 Mar 73, has been, or may hereafter be, killed, or who has died or may hereafter die after being wounded.

[Para. 2 amended by Executive Order 12464 of 23 Feb 64, 49 FR 7099, 3 CFR, 1984 Comp., p.163]

3. A wound for which the award is made must have required treatment by a medical officer.

On 27 Aug 14, the applicant was issued a DD Form 215, Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, indicating he was awarded the following medals: 
•	Purple Heart (PH) 
•	Presidential Unit Citation (PUC)
•	Air Force Outstanding Unit Award with Valor and two Bronze Oak Leaf Clusters (AFOUA w/V & 2BOLCs)
•	Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P)
•	The Vietnam Service Medal with one Silver Service Star (VSM w/1SSS).

On 26 May 16, the PHRB notified the applicant that his previously approved PH medal was revoked.  The PHRB determined that in light of the lack of independent corroboration that the wounds the applicant received on or about 1 Jan 70 were as a result of enemy action, the PH medal should not have been awarded and revoked the original decision (Exhibit E).

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit F.

AIR FORCE EVALUATION:

AFPC/DP3SP recommends denying the application.  The applicant submitted an extensive rebuttal to the allegations that prompted the revocation of the PH awarded in November 2014.  He also provided numerous character statements in his defense to have the Purple Heart reinstated; however, he has not provided any eyewitness statements from individuals who witnessed the injury and can attest to the circumstances surrounding his personal account. Without independent corroboration that the applicant’s wounds received on or about 1 Jan 70 were received the result of an enemy action, they are unable to submit the request to the PHRB for consideration.  

The Southeast Asian Historian subject matter expert (SME) reviewed the applicant's application and rebuttal documentation to reinstate the Purple Heart.  The SME concluded the applicant’s statement contains numerous errors in fact and implausible assertions.  Furthermore, the applicant’s claim he was injured at Lima Site (LS) 201 is not consistent with the known manning, size, and operations at this very small airstrip.  The applicant seems to describe LS 20A (Long Tieng), but it has been determined the claimed injury LS 20A could not have occurred at this airfield.  There was no attack on LS 20A during the dates the applicant claimed.  Nor was there an attack on LS 201.  The SME's report is congruent with his original evaluation conducted in February of 2016.  

The complete advisory, with attachments, is at Exhibit F.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 30 Mar 18 for comment (Exhibit G), but has received no response.

THE BOARD CONCLUDES THAT:

1.  The application was timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.  After thoroughly reviewing all Exhibits, we do not find the evidence submitted sufficient to determine the applicant suffered an injury as a result of the act of an enemy.  Therefore, we agree with the opinion and recommendation of AFPC/DP3SP and adopt the rationale expressed as the basis for our conclusion the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice.  Should the applicant provide an eyewitness statement from someone who witnessed the circumstances surrounding his injury, we may be willing to reconsider his request.  The applicant’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was caused by enemy action, we are unable to verify his entitlement to the Purple Heart.  In view of the foregoing and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.  
4.  The applicant's case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2018-00107 in Executive Session on 9 May 18:

, Panel Chair
, Panel Member
, Panel Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 4 Jan 18.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DPSID, dated 8 Aug 14.
Exhibit D:	Memorandum, AFPC/DPSOR-214, w/atchs, dated Sep 14.
Exhibit E:	Memorandum, PHRB Revocation, dated 26 May 16.
Exhibit F:	Advisory opinion, AFPC/DP3SP, w/atchs, dated 27 Mar 18.
Exhibit G:	Notification of Advisory, SAF/MRBC to applicant, dated 30 Mar 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.