RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-01671 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: 1. He be awarded the Purple Heart (PH). 2. He be awarded the Air Force Combat Action Medal (AFCAM). 3. He be awarded the Armed Force Expeditionary Medal (AFEM). 4. He be awarded the Air Force Overseas Ribbon – Short Tour (AFOR-ST). 5. He be awarded the Air Force Expeditionary Service Ribbon (AFESR). 6. He be awarded the difference in back pay from E-3 to E-4 from September 1968 to September 1969. ________________________________________________________________ APPLICANT CONTENDS THAT: He earned the above listed decorations while stationed in Vietnam from September 1968 to September 1969. On his fourth day in Vietnam, he was at his duty post when a large scale attack penetrated their perimeter. He sustained injuries from a 122mm rocket that landed next to his duty shack. He was thrown into the air and landed on a wall. He then stumbled and fell down and was stepped on by enemy forces who were trying to elude the military police. A month or so later, he was transferred to the Combat Group Dispensary and assigned to the emergency trauma section. While in this position, he traveled by helicopter and convoy to remote locations to treat villagers. He participated in approximately 28 combat missions. During one of these missions, he was cut on his left leg when he was bitten by a Burmese python. He still has the scar from this snake bite. When he arrived at Holloman Air Force Base, he was told that he should have been promoted to E-4 prior to leaving Vietnam. He was told to report the next day with E-4 stripes. In support of his appeal, the applicant submits a personal statement, a copy of his honorable discharge certificate, a picture of him while in Vietnam, a copy of a Certificate of Appreciation, a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge and other supporting documentation. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 20 January 1967. He was progressively promoted to the grade of Sgt E-4. He was honorably discharged on 19 January 1971 and was credited with serving 4 years of active duty service. The applicant’s DD Form 214 reflects he was awarded the Small Arms Expert Marksmanship Ribbon, the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Air Force Good Conduct Medal. Additionally, pursuant to an application for Correction of Military Records on 10 February 2007, the applicant was awarded the Air Force Outstanding Unit Award with Valor, three Bronze Service Stars to his Vietnam Service Medal, the Air Force Longevity Service Award Ribbon, the Republic of Vietnam Gallantry Cross with Palm, and the Republic of Vietnam Campaign Medal. In accordance with AFM 900-3, during the period in question, the PH was awarded for wounds received in action against an enemy, or as a direct result of an act of an 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 action. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial. DPSIDRA states the applicant is not entitled to the award of the PH. The applicant has not provided any medical documentation verifying he received treatment for injuries sustained as a direct result of enemy action. DPSIDRA also states the applicant is not entitled to the award of the AFCAM, the AFOR-ST, or the AFESR. These awards were authorized several years after the applicants discharge from the service and entitlement to these awards is not retroactive. No service member may be issued both the VSM and the AFEM. The applicant has been awarded the VSM with 3 Bronze Service Stars and therefore is not entitled to the award of the AFEM. The complete DPSIDRA evaluation is at Exhibit C. AFPC/DPSOE recommends denial. DPSOE states the applicant’s request should be time barred. Based on the applicant’s date of rank to E-4 of 1 October 1969 and his total active federal military service dates, or his time in service of 20 January 1967, he was promoted in the best qualified zone, prior to reaching his 40 months time in service. The complete DPSOE evaluation is at Exhibit D. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 16 September 2011, for review and comment within 30 days (Exhibit E). 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 error or injustice. We took notice of the applicant's complete submission and the available evidence of record in judging the merits of the case. However, we are not persuaded based upon the evidence presented of the applicant’s entitlement to the requested awards. Similarly, we are not persuaded the applicant is entitled to back pay for his promotion to E-4. Therefore, we agree with the Air Force offices of primary responsibility and adopt their rationale as the basis for 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 basis to recommend granting the relief sought 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 Docket Number BC- 2011-01671 in Executive Session on 20 October 2011, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 27 Apr 11 w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 9 Aug 11. Exhibit D. Letter, AFPC/DPSOE, dated 26 Aug 11. Exhibit E. Letter, SAF/MRBR, dated 16 Sep 11.