RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-05362 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to reflect he is entitled to the Purple Heart (PH) Medal. ________________________________________________________________ APPLICANT CONTENDS THAT: He is entitled to the PH for wounds received during an enemy mortar attack. He was wounded in April 1968 while in Tay Nihn delivering a package. He was standing about 200 feet from his aircraft when a mortar went off behind him. He was hit in the back by a piece of shrapnel. Shortly thereafter, two Army medics attended to him in a nearby bunker by using 5 stitches to close the wound. From Tay Nihn, they flew back to their duty station. At that point, he could walk and felt fine as if nothing happened. About 10 days later, while bending over into his footlocker, he suddenly hit the floor with severe pain in his lower back. He went to the medical unit where they found that he had an inoperable fracture of the lower lumbar spine. After a few short hours, he was fine and continued to fly as if nothing ever happened. This would continue over the next two years and this happened about 2 or 3 more times. He was never put in for the Purple Heart. In those days, they could care less about medals. However, he is now 70 years old and would like to get what he deserves to leave to his family. He has included his rating from the Department of Veterans Affairs (DVA) showing his service connected medical conditions which include degenerative disc disease and degenerative joint disease of the lower lumbar spine. These conditions are directly related to the injury he received that day. He has over 760 combat flying hours in his record. He is 100 percent disabled due to Post-Traumatic Stress Disorder (PTSD). He deserves this medal. In support of his appeal, the applicant provides his DD Form 214, Certificate of Release or Discharge from Active Duty, DVA rating decision and a letter of support. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former member of the Regular Air Force who served from 13 July 1964 through 31 July 1985. Based on AFPC/DPSID’s review of the applicant’s record, his record will be administratively corrected to reflect award of the Vietnam Service Medal with two Silver Service Stars and the Republic of Vietnam Gallantry Cross with Palm. The remaining facts pertaining to this case are contained in the letter prepared by the Air Force office of primary responsibility at Exhibit C. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. 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 such enemy or opposing armed force, an international terrorist attack or during military operations while serving as 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 members medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the member’s medical report that the extent of the wounds were such that they would have required medical treatment by a medical officer of one had been available to treat them. The applicant was assigned to the 779th Tactical Airlift Squadron from 26 July 1965 through 11 June 1969, and was on temporary duty in Vietnam and East Asia from 11 February through 1 April 1968. There is no evidence the applicant was in Vietnam during April 1968. The applicant and his eyewitness state the incident occurred in April 1968; however, the applicant left Cam Rahn Bay, Vietnam on 1 April 1968 at 0110 hours. Consequently, the date of his injury could not be verified. The applicant submitted a copy of his VA rating decision; however, it does not support an injury in April 1968. Additionally, the applicant’s eyewitness statement appears to contradict the official documentation. To award the Purple Heart would be contrary to the established criteria. The complete DPSID evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: The applicant states that neither he nor his witness has a good recollection of the specific dates of their tours. His wound must have taken place in March 1968 rather than April, as first guessed. He was seen at the dispensary about one week later and was told that he had an inoperable fracture of the lower lumbar spine. He believes that diagnosis is still in his retirement physical information. The applicant’s complete response is at 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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We are persuaded by the applicant’s assertions concerning his injury and the supporting statement by a former airman stationed at Tay Nihn that it is more likely than not that he did sustain wounds as a direct result of an enemy mortar attack and that his wounds required and received medical treatment. In view of this and noting the PH criteria, we recommend his records be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show he was awarded the Purple Heart Medal for injuries received in action against an enemy of the United States in the Republic of Vietnam in March 1968. ________________________________________________________________ The following members of the Board considered BCMR Docket Number BC-2012-05362 in Executive Session on 22 August 2013, under the provisions of AFI 36-2603: All members voted to correct the record, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 13 Nov 12, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID, dated 11 Feb 13. Exhibit D. Letter, SAF/MRBR, dated 24 Feb 13. Exhibit E. Letter, Applicant’s Response, dated 26 Mar 13, w/ atchs.