RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00035 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He be entitled to the Purple Heart (PH). ________________________________________________________________ APPLICANT CONTENDS THAT: In Sep 1972, while assigned in Vietnam he was injured during a rocket attack. The only evidence he could come up ·with are some pictures that were taken after that rocket attack. The explosive ordinance division said he was lucky because the rocket did not explode on impact. He was the only one injured in this attack - a small piece of shrapnel to his right hand. This injury is in his medical records; however, it is not noted on his discharge record. The Board should consider his request and award him the PH because he heard of a few guys who received the PH and did not have an injury. In support of his request, the applicant provides a personal statement copies of his AF Form 422, Physical Profile Report; DD Form 214, Report of Separation from Active Duty, and photographs. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant is a former enlisted member of the Regular Air Force, who served on active duty from 25 Feb 1971 through 1 Apr 1974. 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 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. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states that after a thorough review of the applicant's official military personnel record and provided documents, they were unable to verify award of the PH. Since the only documentation provided was a profile report, there is no medical documentation of when the injury first occurred, if the injury was caused by the enemy, if the wound was dressed and needed stitches, or if shrapnel was the cause of injury. The applicant's request cannot be considered by the PH Review Board unless there is a detailed personal account of how the injury occurred, medical documentation substantiating treatment was received, and eyewitness statements. To award the PH would be contrary to the criteria established by DoDM 1348.33, Manual of Military Decorations and Awards. 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. DPSID was able to determine that the Vietnam Service Medal with two Bronze Service Stars and the Republic of Vietnam Gallantry Cross with Palm should have been awarded during his service from 25 Feb 1971 to 1 Apr 1974 and was not reflected in his records. Upon the final Board decision, administrative correction of his official military personnel record will be completed by AFPC/DPSOR. The complete DPSID evaluation, with attachment, is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 31 May 2013, a copy of the Air Force evaluation was forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. After thoroughly reviewing the evidence of record and noting the PH criteria in effect at the time of the applicant’s injury, we are not persuaded that he has met his burden of proving that he should be entitled to the PH. In this respect, we note the applicant has failed to provide sufficient evidence that he was injured in action against an enemy, or as a direct result of an act of any enemy. The applicant’s personal sacrifice and unselfish service to our Nation are duly noted; however, without documentation to substantiate that he meets either of these prerequisite eligibility requirements for entitlement to the PH, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ 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 this application in Executive Session on 17 Sep 2013, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered in AFBCMR BC- 2013-00035: Exhibit A. DD Form 149, dated 28 Dec 2012, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSID dated 14 May 2013, w/atch. Exhibit D. Letter, SAF/MRBR, dated 31 May 2013. 2 3 4