RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00231 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: He be awarded the Purple Heart (PH) medal. APPLICANT CONTENDS THAT: He is worthy of the PH. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant initially entered the Regular Air Force on 18 January 1966. On 29 May 1969, the applicant was furnished an honorable discharge, and was credited with 3 years, 4 months, and 12 days of active service and credited with 11 months and 28 days of foreign and/or sea service. The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The Purple Heart is awarded to any member of the United States Armed Forces who, while serving under competent authority in any capacity with one of the United States Armed Forces, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received under any of the following circumstances: in action against an enemy of the United States, in action with an opposing armed force of a foreign country in which the United States Armed Forces are or have been engaged, while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party, as a result of an act of any such enemy or opposing armed forces, as the result of an act or any hostile foreign force, after 28 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack for purposes of award of the Purpled Heart by the Secretary of the Military Department concerned, or jointly by the Secretaries of the Military Departments concerned if members from more than one Military Department are wounded in the attack, the Secretary of the Military Department concerned shall notify the Under Secretary of Defense for Personnel and Readiness prior to awarding the Purple Heart for an international terrorist attack that occurs in the United States or its territories, after 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force, a service member who is killed or wounded in action as the result of action by friendly weapon fire while directly engaged in armed conflict, other than as a result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the member, or before 25 April 1962, while held as a prisoner of war (or while being taken captive) in the same manner as a former prisoner of war who is wounded on or after that date while held as a prisoner of war. 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 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 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. After 7 December 1941, to a service member who is killed or dies while in captivity as a prisoner of war under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows that the member’s death was not the result of enemy action. The Purple Heart may be awarded posthumously and, when so directed, may be presented to such representatives of the deceased as the Secretary concerned considers appropriate. After a thorough review of the applicant’s official military personnel record, they were unable to verify award of the Purple Heart. The applicant submitted a personal account in which he states on 29 June 1968 he was knocked over by a blast impact of a 122mm rocket while stationed at Bien Hoa Air Base, Vietnam, an eyewitness statement and Chronological Record of Medical Care (SF 600) with an entry on 29 June 1968 at the Ben Hoa Air Base dispensary which appears to state the applicant was examined for hematoma to the right hand (cause unknown) and was provided an ice pack and pain medication. The Purple Heart Review Board has the authority, on behalf of the Secretary of the Air Force, to determine a veteran’s eligibility for award of the Purple Heart. The board considers each request based on the approved criteria in effect at the time of the veteran's injury, and their determination depends on the documentary evidence presented. The Purple Heart Review Board (PHRB) considered the applicant’s evidence and unfortunately on 22 October 2015, the board disapproved the request for the Purple Heart. While the applicant was examined by the Bien Hoa Air Base dispensary for his swollen hand the medical documentation provided lacks evidence supporting the applicant received an injury that required medical treatment. The applicant’s provided documentation does not appear to support his injury meets the criteria for award of the Purple Heart. To grant relief would be contrary to the criteria established by DoDM 1348.33, Secretary of the Air Force, Chief of Staff, and/or the War Department. A complete copy of the AFPC/DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluations was forwarded to the applicant on 26 October 2015 for review and comment within 30 days (Exhibit D). 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 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 OPR and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice. The Board commends the applicant for his dedicated service, however, as noted by the PHRB, the application is absent the supporting evidence required to grant this request. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief. 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-2014-00231 in Executive Session on Friday, 27 November 2015, under the provisions of AFI 36-2603: The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-00231 was considered: Exhibit A. DD Form 149, dated 15 January 2014, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 23 October 2015. Exhibit D. Letter, SAF/MRBR, dated 26 October 2015. 2