RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-00771 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His DD Form 214, Certificate of Release or Discharge from Active Duty, be corrected to reflect award of the following: Air Force (AF) Combat Action Medal (CAM); Good Conduct Medal (GCM); Air Force Outstanding Unit Award with Valor (AFOUA w/V); Republic of Vietnam Gallantry Cross with Palm (RVGC w/P); Purple Heart (PH); Presidential Unit Citation (PUC); (Will be administratively corrected) Vietnam Service Medal with four (4) Bronze Service Stars (VSM w/4 BSSs). (Will be administratively corrected) APPLICANT CONTENDS THAT: He was in Southeast Asia (Vietnam) from 26 Oct 68 to 25 Oct 69 during which time he was assigned to the 31st Tactical Fighter Wing. He believes the Board should find it in the interest of justice to consider his application because the awards were never added to his DD 214. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 24 Feb 67, the applicant entered the Regular Air Force His DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, issued in conjunction with his 23 Feb 71 discharge, reflects award of the RVGC. On 23 Feb 67, the applicant received an honorable discharge, and was credited with 4 years, 2 months and 15 days of active service. AIR FORCE EVALUATION: AFPC/DPSID recommends denial of the applicant’s request for the CAM, GCM, AFOUA w/V, RVGC w/P and the PH. DPSID was unable to verify an additional award of the RVGC w/P. There are no authorized devices for additional awards of the RVGC w/P therefore; devices for the RVGC w/P are not updateable to his DD Form 214. DPSID was unable to verify the applicant was assigned or attached to a unit awarded the AFOUA w/V during the inclusive dates of the award. They were able to verify the 31st Maintenance Squadron was awarded the AFOUA w/V; however, the inclusive dates for the award were 17 Dec 66 to 30 Apr 68, which was prior to his arrival to that unit rendering him ineligible for the AFOUA w/V. The applicant’s dates of service were prior to the award dates for award of the AFCAM and after the award dates for the GCM; therefore, rendering him ineligible for both awards; DPSID states in part, that the PH 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 17, 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 of any hostile foreign 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 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. The PH Review Board has the authority (on behalf of the Secretary of the Air Force (SecAF)), to determine a veteran’s award of the Purple Heart. 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. After a thorough review of the applicant’s official military personnel record, DPSID was unable to verify award of the PH. There is no medical documentation indicating an injury occurred and that the injury meets the criteria of the PH. His request was not boarded by the PH Review Board as a detailed personal account, medical documentation showing the injury required medical assistance and that it was caused by the enemy, and eyewitness statements were not provided. On 15 Mar 07, the SecAF approved establishment of the AF CAM to recognize any military member of the Air Force (airman basic through colonel) who actively participated in combat (ground or air). The principal eligibility criterion is that the individual must have been under direct and hostile fire while operating in unsecured space (outside the defended perimeter); and come under enemy attack by lethal weapons while performing those duties; and are at risk of grave danger. Or individuals defending the base (on the defended perimeter); and come under fire and engage the enemy with direct and lethal fire; and are at risk of grave danger, also meet the intent of combat conditions for this award. The AF CAM may be awarded for qualifying service form 11 Sep 01, to a future date to be determined. Retroactive awards prior to 11 Sep 01 are not authorized. Upon establishment of this medal, the SecAF delegated sole approval authority to the Commander, Air Force Forces in the particular combat area. The GCM is awarded to enlisted members who have honorably completed three continuous years of active military service subsequent to 26 Aug 40, and who are recommended by their commanding officers for exemplary behavior, efficiency and fidelity. This medal is only awarded to airmen prior to the establishment of the Air Force Good Conduct Medal (AFGCM) on 1 Jun 63. In accordance with Executive Order 8809, amended by Executive Order 9323, the AFGCM may also be awarded to service members who complete more than one year but less than three years of active federal military service if the GCM has not been previously awarded. The AFOUA was authorized by the SecAF, 6 Jan 54. It is awarded by the Secretary of the Air Force to units that have distinguished themselves by exceptionally meritorious service or outstanding achievement that clearly sets the unit above and apart from similar units. A bronze “V” device is awarded when the award of the Air Force Outstanding Unit Award is made to a unit for combat or direct combat support. The RVGC w/P unit citation was awarded by the Republic of Vietnam to certain units of the Armed Forces of the United States for valorous combat achievement during the Vietnam Conflict, inclusive from 1 Mar 61 to 28 Mar 73. There are no authorized devices as only one RVGC w/P unit citation shall be worn regardless of the number of awards received. Based on a review of the applicant’s official military personnel record, the below AF Medals and/or Ribbons should be awarded during the applicant’s service from 24 Feb 67 to 23 Feb 71. Upon final Board decision, administrative correction of the applicant's official military personnel record will be completed by AFPC/DPSOR to add the following to his record: PUC, VSM w/4 BSSs and the Air Force Longevity Service Award (AFLSA): The complete DPSID evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: He understands the denial of some awards due to his dates of service. In his initial request, he asked for his medical records which he still has not received. In those records, the Board should find evidence of a head wound he received while in Tuy Hoa Vietnam. While he has no eyewitnesses, nor remembers the date, he received 13 stitches for an injury that occurred while the enemy was dropping mortar rounds and small arms fire. He remembers being thrown into the bomb mounts on the wing of an F-100 from the impact of a mortar round—this caused his head injury. He was taken for medical attention after making it back to the main hanger. He was told he received 13 stitches from the hair line back which was stitched with clear liquid bandage. The applicant’s complete response is at 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 an error or injustice to warrant award of the AFCAM, GCM, AFOUA w/V, PH or an additional RVGC w/P. The applicant assertions that he received 13 stitches for an injury that occurred while the enemy was dropping mortar rounds and small arms fire are duly noted; however, he has not provided substantial evidence which, in our opinion, successfully refutes the assessment of his case by the Air Force Office of Primary Responsibility. Therefore, we agree with the opinion and recommendation of the AF OPR and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain his burden of proof of either an error or an injustice. The applicant’s personal sacrifice and unselfish service to his country is noted and our decision in no way lessens our regard for his service; however, without documentation to substantiate his injury was caused by enemy action, we are unable to verify his entitlement to the PH. Aside from the administrative corrections noted above, we find no basis to recommend granting the additional relief sought in this application. 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 documentary evidence pertaining to AFBCMR Docket Number BC-2014-00771 was considered: Exhibit A. DD Form 149, dated 19 Feb 14, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14. Exhibit D. Letter, SAF/MRBR, dated 13 Jun 14. Exhibit E. Applicant’s Rebuttal, undated.