RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-03954 INDEX CODE: 107.00 COUNSEL: NOT INDICATED HEARING DESIRED: NO ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH). ________________________________________________________________ _ APPLICANT CONTENDS THAT: He should be awarded the PH for wounds he received on 9 Feb 72, when his barracks were hit by a 122mm rocket. Two other individuals received the PH for injuries they incurred that night and he should have also, but did not. The fact that he was not awarded the PH is unjust because he was wounded along with two others who received the PH. In support of his request, applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, two copies of VA Form 21-4138, Statement in Support of Claim, and a copy of a letter to his Senator. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 21 Oct 68, for a term of four years and was progressively promoted to the grade of sergeant, with overseas tours in Vietnam and Indochina. He was released for Convenience of the Government on 2 Apr 72, after serving a total of 3 years, 5 months, and 12 days active duty service. He was awarded the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVCM), and the Small Arms Experts Marksmanship Ribbon. On 26 Mar 96, the DVA denied the applicant’s request for a service-connected disability for soft tissue sarcoma and porphyria cutanea tarda (PCT), residuals to Agent Orange. In accordance with AFM 900-3, dated 20 Nov 69, during the period in question the Purple Heart (PH) was awarded for wounds received in action against an enemy, or as a direct result of an act of any enemy, opposing armed force, or hostile foreign force. For the purpose of considering award of the PH, a wound was defined as an injury to any part of the body from an outside force or agent. A physical lesion was not required, provided the concussion or other form of injury received was due to direct enemy, opposing armed force, or hostile foreign force action. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial and states, in part, that no official medical documentation was located, nor provided, to substantiate the applicant was injured on 9 Feb 72. He provided two statements in support of his claim to the Department of Veterans Affairs (DVA), signed by two witnesses, neither of which gives a detailed account of what direct injuries the applicant received. A Report of Medical History, dated 6 Mar 72, indicates no illness or injury other than those already noted. In regards to the two individuals that received the PH, they were unable to order the records of one of the individuals and unable to verify the military records of the other. The DPSIDR evaluation is attached at Exhibit C. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The rocket hit and exploded just feet away from him, he incurred shrapnel wounds to both arms and was knocked unconscious. He was pulled from the rubble and to safety. Neither he, nor his two witnesses, can recall the exact events after the attack and cannot attest to him receiving medical treatment for his injuries. They could have gotten together and fabricated a story but did not. If telling the truth and not remembering the specifics will be the determining factor for him being denied the PH, he will just have to live with the injustice. He was recently awarded a 40 percent compensable disability rating by the DVA. This award is directly related to the rocket attack and his life since that night. He experienced something that night that affected his life forever. Somehow he fell through the cracks of the system and it would be a terrible injustice if his claim is denied. The applicant’s complete response, with attachments, 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 error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, evidence has not been presented which would lead us to believe that his injuries were the direct result of enemy action. Therefore, 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 that the applicant has not been the victim of an error or injustice. In the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application. ________________________________________________________________ _ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of a material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence no considered with this application. ________________________________________________________________ _ The following members of the Board considered Docket Number BC- 2007-03954 in Executive Session on 24 Jun 08, under the provisions of AFI 36-2603: The following documentary evidence pertaining to Docket Number BC-2007-03954 was considered: Exhibit A. DD Form 149, undated, w/atchs. Exhibit B. Applicant's Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 4 Apr 08. Exhibit D. Letter, SAF/MRBR, dated 11 Apr 08. Exhibit.E. Letter, Applicant, dated 28 Apr 08, w/atchs.