RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-04402 COUNSEL: NONE HEARING DESIRED: YES ________________________________________________________________ _ APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) Medal. ________________________________________________________________ _ APPLICANT CONTENDS THAT: On 12 February 1972, he received urgent medical care at the 3rd Field Hospital in Saigon, Republic of Vietnam, as a result of a stabbing wound by an unknown combatant. He was stabbed in the abdomen and was hospitalized from 12 February 1972 to 28 February 1972. In support of the applicant’s appeal he submits documents extracted from his military personnel records and a letter from the Wisconsin Department of Veterans Affairs (VA). The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ _ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 25 May 1970. On 15 February 1974, the applicant was honorably released from active duty and transferred to the Air Force Reserve. He served 3 years, 8 months and 21 days on active duty. He was credited with 1 year of foreign and/or sea service. 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. The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. ________________________________________________________________ _ AIR FORCE EVALUATION: AFPC/DPSID recommends denial. DPSID states after a thorough review of the applicant's official military personnel record, they were unable to verify award of the PH. The applicant states he was stabbed in the abdomen by an unknown combatant. The applicant provided a Statement of Medical Examination and Duty Status (DA Form 2173) verifying he was medically treated for wounds received while leaving a bar on or about 0030 on 12 February 1972 at Tan Son Nhut, Vietnam. The document further states the applicant was stabbed in the abdomen by a member of the Army of the Republic of Vietnam. The PH Review Board has the authority (on behalf of the Secretary of the Air Force), to determine a veteran's award of the PH. Each request is considered based on the policies and criteria in use at the time the veteran was injured, and the determination is dependent on the documentary evidence presented. The PH Review Board considered the applicant's request and disapproved award of the Purple Heart on 4 March 2014 due to the applicant not meeting the requirements for award of the Purple Heart. While the applicant's service is appreciated, based on the documentation available the applicant's injury was by a member of an allied force, Army of the Republic of Vietnam, and not a result of enemy action. To grant relief would be contrary to the criteria established by DoDM 1348.33, the Secretary of the Air Force, Chief of Staff, and/or the War Department. The DPSID complete evaluation is at Exhibit C. SAF/MRBP recommends denial. MRBP states after a review of the applicant’s records and submitted supporting documents, they concur with AFPC/DPSID in recommending disapproval of the PH. The applicant’s injury does not meet the criteria for award of the PH. The MRBP complete evaluation is at Exhibit D. ________________________________________________________________ _ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: On 15 May 2014, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days (Exhibit E). As of this date, no response has been received by this office. ________________________________________________________________ _ 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. The applicant’s contentions are duly noted; however, after reviewing the evidence of record, we agree with the opinion and recommendation of AFPC/DPSID and SAF/MRBP and adopt their rationale as the basis for our conclusion the applicant has not provided sufficient evidence to substantiate his entitlement to the PH. Therefore, 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 an 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-2013-04402 in Executive Session on 24 June 2014, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 9 September 2013, w/atchs. Exhibit B. DD Form 214, AF Form 7, Airman Performance Reports and a Report of Medical Examination. Exhibit C. Letter, AFPC/DPSID, dated 11 April 2014. Exhibit D. Letter, SAF/MRBP, dated 29 April 2014. Exhibit E. Letter, SAF/MRBR, dated 15 May 2014.