RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02307 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His record be corrected to show that he was awarded: a. The Purple Heart (PH). b. The Air Force Outstanding Unit Award with Valor (AFOUA w/V). c. The Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P). (Administratively corrected). d. The Vietnam Service Medal with two Bronze Service Stars (VSM w/2 BSS). (Administratively corrected to reflect w/4 BSS). _________________________________________________________________ APPLICANT CONTENDS THAT: Based upon the Air Force Historical website, he is entitled to these awards. In regards to the PH, he was treated at the base hospital for injuries he received on 3 March and 27 July 1967, which entitles him to this award. He also served on temporary duty (TDY) in Udorn Thailand in 1966 for which he should receive a second service star for the VSM. In support of his request, the applicant provides copies of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and extracts of his medical records. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force on 19 October 1964. He was honorably discharged on 20 August 1968 in the grade of sergeant. He served 3 years 10 months and 2 days of total active service. 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. The Secretary of the Air Force awards the AFOUA to numbered units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. The services include: performance of exceptionally meritorious service, accomplishment of a specific outstanding achievement of national or international significance, combat operations against an armed enemy of the United States, or military operations involving conflict with or exposure to hostile actions by an opposing foreign force. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the 633rd Police Squadron received the AFOUA w/V for the period of 1 May 1966 to 30 April 1967; however, the applicant was assigned to the unit after the inclusive period for the award. DPSIDR states the applicant’s medical documentation dated 3 May 1968, indicates he suffered from severe headaches because of a blow to the head in an automobile accident in 1966 and a fall from a truck in 1977. Multiple documents were located within the applicant’s record to reflect the applicant injuries and wounds were not caused from enemy action or an attack. The complete DPSIDR 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 11 February 2011 for review and comment within 30 days. To date, a response has not been received (Exhibit F). _________________________________________________________________ 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. After a thorough review of the available evidence and the applicant’s complete submission, we find no evidence which would lead us to believe the applicant is entitled to the award of the PH and AFOUA. 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. We note the applicant’s records will be administratively corrected to reflect award of the RVNGC w/P and VSM w/4 BSS. 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 that 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-2010-02307 in Executive Session on 9 March 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 June 2010, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 11 Jan 11. Exhibit D. Letter, SAF/MRBR, dated 11 Feb 11.