RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-00132 INDEX CODE: 107.00 XXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to show award of the Purple Heart (PH). _______________________________________________________________ APPLICANT CONTENDS THAT: While serving in Vietnam, he injured his hand when he fell off his bike during an incoming mortar attack. In support of his appeal, the applicant provides copies of a personal letter to his congressman, medical documents, and his Department of Veterans Affairs (DVA) disability claim and appeal documentation. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served on active duty from 6 June 1957 to 31 May 1979. He was progressively promoted to the grade of technical sergeant (E-6) with a date of rank of 1 May 1974. He served 21 years, 11 months, and 25 days on active duty. His Air Force Form 7, Airman Military Record, indicates he served in Okinawa from 17 March 1962 to 5 November 1964, and in Vietnam from 1 February 1966 to 22 January 1967. The remaining relevant facts, extracted from the applicant’s military service records, are contained in the Air Force evaluation at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s military personnel records lacks sufficient documentation or evidence to indicate he meets the criteria outlined for award of the PH. DPSIDR states the PH is awarded for wounds received as a direct result of enemy actions, (i.e., gunshot or shrapnel wounds, hand- to-hand combat wounds, forced aircraft bailout injuries, etc.). In addition, it is necessary the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for award of the PH. These include, but are not limited to, injuries received while seeking shelter from mortar or rocket attacks, aircraft bombings, grenades, and injuries incurred while serving as an aircrew member or in a passenger status because of the aircraft’s evasive measures against hostile fire. DPSIDR indicates that after a thorough review of the applicant’s military personnel record, they found no special order, recommendation, medical documentation, or any other evidence to support he was awarded, submitted for, or entitled to the PH. The complete DPSIDR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He notes that the Air Force advisory opinion indicates the PH is awarded for wounds received as a direct result of enemy actions. To this day, he does not know if the incoming mortars were enemy or friendly fire; however, it happened as a direct result of one of them and he received a wound because of it. The applicant’s complete rebuttal, 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, 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. Therefore, in the absence of evidence to the contrary, we find no 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 material error or injustice; that 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-2010-00132 in Executive Session on 30 September 2010, under the provisions of AFI 36-2603: XXXXXXXXXXXXXXXXXXXXX, Panel Chair XXXXXXXXXXXXXXXXXXXXX, Member XXXXXXXXXXXXXXXXXXXXX, Member The following documentary evidence pertaining to AFBCMR Docket Number BC-2010-00132 was considered: Exhibit A. DD Form 149, dated 11 January 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/ DPSIDR, dated 13 Jul 10. Exhibit D. Letter, SAF/MRBR, dated 30 Jul 10. Exhibit E. Letter, Applicant, dated 8 Aug 10, w/atchs. XXXXXXXXXXXXXXXXXX Panel Chair