RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02111 COUNSEL: HEARING DESIRED: NOT INDICATED ________________________________________________________________ THE APPLICANT REQUESTS THAT: 1. He be awarded the Purple Heart (PH) medal. 2. He be awarded the Air Force Combat Action Medal (AFCAM). 3. He be awarded the Presidential Unit Citation (PUC). 4. He be awarded the Humanitarian Service Medal (HSM). ________________________________________________________________ THE APPLICANT CONTENDS THAT: On 24 Feb 71, while serving as a truck driver, he came under rocket attack and now suffers from lower back pain, scars, and bruises. In support of his appeal, the applicant provides a copy of a certificate of appreciation; extracts from his Department of Veterans Affairs (DVA) medical notes, and his military medical records, as certified by the American Legion (AL). The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force. On 8 Oct 99, the applicant’s record was administratively corrected to reflect award of the Air Force Outstanding Unit Award, with Valor and One Oak Leaf Cluster, (AFOUA w/V and 1OLC), the Republic of Vietnam Campaign Medal (RVCM), and the Republic of Vietnam Gallantry Cross, with Palm (RVGNC, w/P). ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial, stating, in part, without any official documentation or eyewitness statement, they could not verify the applicant’s entitlement to the PH, PUC, AFCAM, or the HSM. In addition, they listed additional criteria for a request to be considered by the Purple Heart Review Board (PHRB); however, no additional documentation meeting the criteria was located or provided to substantiate the applicant’s claim of wounds received from enemy action. The applicant’s listed units, while being awarded the Air Force Outstanding Unit Award (AFOUA) and AFOUA, with Valor (AFOUA, w/V), the Republic of Vietnam Gallantry Cross, with Palm (RVNGC, w/P); however, no PUCs were awarded to this unit. Based on the documentation provided, it was confirmed the applicant’s assigned base came under several enemy attacks; however, the applicant separated from active duty on 2 Nov 71. The establishment of the AFCAM came thirty years later and was not retroactive. The HSM was given during three separate operations in Vietnam; however, the operations occurred from 1 Apr – 30 Apr 75, after the applicant had separated. The complete DPSIDR evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 1 Feb 11, the applicant’s case file was administratively closed as requested. On 25 Jul 12, the applicant forwarded additional documentation for review by the Board. In his statements, he further explains in more specific detail the events surrounding his request for award of the PH. Along with declassified documents on the day of the attack, 24 Feb 71. 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, including the additional documentation submitted when he reopened his case, 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 relief beyond that already granted administratively is not warranted. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting further relief in this application. ________________________________________________________________ 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-2010-02111 in Executive Session on 30 Apr 13, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Oct 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 13 Dec 10. Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10. Exhibit E. Letter, AFBCMR, dated 1 Feb 11, w/atchs. Exhibit F. Fax, Applicant, received 24 Jul 12, w/atchs.