RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2010-02891 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Purple Heart (PH) Medal. 2. He be awarded the Vietnam Service Medal (VSM) – administratively corrected. _________________________________________________________________ APPLICANT CONTENDS THAT: He was not told he was entitled to the PH. Due to massive confusion at the time of his injury, he was not asked the reason he jumped off an aircraft maintenance stand; however, there was one witness but he does not know his name and has no way of contacting him. The bomb dump no longer exists. He spent 116 days on temporary duty at Tan Son Nhut, Republic of Vietnam, during 1968 and should be awarded the VSM. In support of his request, the applicant provides excerpts from his military and medical records. His complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: In order to be awarded the PH: You must have received wounds as a direct result of enemy actions (i.e., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bail out injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. Indirect injuries do not meet the criteria for the 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 aircraft member in a passenger status as a result of the aircraft’s evasive measures against hostile fire. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant’s injuries are due to indirect enemy action and are ineligible for award of the PH. Therefore, without official documentation that verifies the applicant was injured due to enemy action, DPSIDR cannot support this request. The DPSIDR complete 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 23 Dec 10 for review and comment within 30 days. As of this date, this office has received no response. _________________________________________________________________ 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 an error or injustice with regard to the applicant’s request to be awarded the PH. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence the applicant’s records should be corrected to show he was awarded the PH. As such, 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 already granted administratively is not warranted. The applicant’s honorable service is noted. Regrettably, we do not find the evidence submitted is sufficient to recommend granting the requested relief. _________________________________________________________________ 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-2010-02891 in Executive Session on 3 Mar 11, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 16 Aug 10, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 22 Nov 10. Exhibit D. Letter, SAF/MRBR, dated 23 Dec 10.