RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-02034 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: He would like his Purple Heart (PH) Medal added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge. _________________________________________________________________ APPLICANT CONTENDS THAT: The PH Medal is not annotated on his DD Form 214. The applicant does not provide any supporting documentation. His complete submission is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force and was progressively promoted to the grade of staff sergeant (E-5). 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 or Post-Traumatic Stress Disorder. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial. DPSIDR states the applicant was not able to provide any medical documentation stating that his injuries were the direct result of enemy action, and that he received treatment for his injuries. Additionally, he has not provided any eyewitness statements that would attest to the fact his injuries were combat related. The applicant did provide a statement to the Air Force Physical Evaluation Board on 11 Aug 66, which described the bomb explosion and resulting injuries. However, due to DPSIDR not being able to locate any documentation to support his claim that his injury was combat-related, they cannot support this request. The DPSIDR complete evaluation is at Exhibit B. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 28 Oct 11 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. Sufficient relevant evidence has been presented to demonstrate the existence of injustice. Although we could not confirm that the applicant was previously awarded the PH as he contends, we are persuaded by the documentation recorded in his official records that it is possible he was indeed wounded by an enemy of the United States while serving in Saigon, Vietnam, in 1965. Specifically, evidence of the applicant’s injury is noted on the Medical Board Report. As such, we find the evidence of record sufficient to resolve any doubt in favor of the applicant and believe it is in the interest of equity and justice to correct his records to reflect the award of the PH. Therefore, we recommend his records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that he was awarded the Purple Heart for injuries he received in action against an enemy of the United States when a bomb exploded in Saigon, Vietnam, on December 4, 1965. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2011-02034 in Executive Session on 29 Nov 11, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 17 May 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDR, dated 28 Sep 11. Exhibit D. Letter, SAF/MRBR, dated 28 Oct 11.