RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2011-03289 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ APPLICANT REQUESTS THAT: His official records be corrected to show he was awarded the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He was stationed at Da Nang Air Base, Vietnam in Nov 65, when his unit came under attack and he was shot in the thigh. When he reported to the medical unit they were too busy to see him, and the bullet came out easily, so they removed it and sent him back to his unit. He still has a scar from the wound. In another incident a couple of months later, he was cutting a gasket when the knife slipped, cutting his left knee and requiring five stitches. In support of his appeal, the applicant provides an expanded statement, copies of photos of his two scars, his Awards Entitlement Record, and DD Form 214, Certificate of Release or Discharge from Active Duty. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant entered service on 18 Jun 64, served in Thailand from 11 Aug 66 to 7 Aug 67, was honorably discharged on 17 Jun 68, and was credited with four years of active service, which included 11 months and 27 days of foreign service. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDRA recommends denial, indicating there is no evidence of an error or injustice. The PH Medal 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 bail out injuries, etc.). In addition, it is necessary that the wound required or received treatment by medical personnel. There is no official documentation verifying the applicant received and was treated for a gunshot wound to his thigh while in Vietnam in 1965, nor did he provide any. Furthermore, there is no official documentation verifying the applicant was in Vietnam in 1965. According to the applicant’s military record he was assigned to Loring Air Force Base, Maine from Dec 64 until Jun 66. The incident wherein the applicant cut himself with a knife is not a qualifying injury for consideration of award of the PH Medal as it is not a wound received as a direct result of enemy action. Furthermore, official medical documentation shows the applicant reported cutting himself on the left knee in 1964 and received medical treatment at an unknown hospital in Washington D.C. A complete copy of AFPC/DPSIDRA’s evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s wife responded by acknowledging it was she who submitted the application for the PH Medal on behalf of her husband, and basically restated the information in the application. He served in Da Nang from Aug 66 to Feb 67, and then in Thailand from Feb 67 to Aug 67. He was exposed to Agent Orange in Vietnam and Thailand. His doctors say he is exhibiting signs of Parkinson’s disease which could be the result of exposure to Agent Orange, and hearing loss in his left ear which could be from exposure to rapid gunfire and heavy equipment (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 an error or injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. 4. The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved. Therefore, the request for a hearing is not favorably considered. ________________________________________________________________ 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-2011-03289 in Executive Session on 3 April 12, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Aug 11, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIDRA, dated 6 Oct 11. Exhibit D. Letter, SAF/MRBR, dated 4 Nov 11. Exhibit E. Letter, Applicant, dated 15 Nov 11.