RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03062 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her late husband be awarded the Purple Heart (PH) Medal. _________________________________________________________________ APPLICANT CONTENDS THAT: Her late husband was wounded in Vietnam after his helicopter was attacked, which resulted in fellow crew members being injured or killed. He received wounds on his back that were indicative of shrapnel wounds. At the time, she asked him about receiving the PH; however, he told her that it was because the injuries of the other crew members were so significant that he never pursued his eligibility. She believes the helicopter attack occurred in the 1970-71 timeframe. Her complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant retired from the Regular Air Force on 31 Oct 93. In accordance with AFM 900-3, during the period in question, the Purple Heart (PH) was awarded for wounds received in action against an enemy, or as a direct result of an act of any 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 foreign force action. The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is at Exhibit c. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial, as the decedent’s record does not contain evidence to support award of the PH. The PH is awarded to members of the United States Armed Forces who have been wounded, killed, or who have died or may hereafter die of wounds received in action against an enemy of the United States or opposing force as a result of an act of any such enemy or opposing armed force, an international terrorist attack or during military operations while serving as a part of a peacekeeping force. A wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member’s medical and/or health record. Award of the PH may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the service member’s medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. There were no medical documents reflecting that he sustained an injury caused by an enemy and received medical attention for that injury. Furthermore, there was not a detailed account of how the injury occurred to include date, time, location, and rank, or eyewitness statement(s) attesting to the incident. The complete DPSID evaluation, with attachments, is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 25 Sep 12 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. After a thorough review of the available evidence and applicant’s complete submission, we find no evidence that the former member’s records should be corrected to show he was awarded the Purple Heart (PH). The applicant’s contentions are noted: however, she provides no evidence to substantiate that her late husband’s wounds were received in action against an enemy, or as a direct result of enemy actions – prerequisites for entitlement to the PH. In view of this and noting the PH criteria in effect at the time, we find no basis upon which to recommend favorable consideration of this request. _________________________________________________________________ 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-2012-03062 in Executive Session on 25 Apr 13, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 6 Sep 12, w/atchs. Exhibit C. Letter, AFPC/DPSID, dated 17 Sep 12, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 25 Sep 12.