ADDENDUM RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-02244 COUNSEL: NONE HEARING DESIRED: NOT INDICATED APPLICANT REQUESTS THAT: Reconsideration for award of the Purple Heart (PH) Medal. RESUME OF CASE: By DD Form 149, Application for Correction of Military Record, dated 5 Jul 07, the applicant requested award of the PH Medal for injuries he incurred from shrapnel in 1967. On 29 Nov 07, the Board staff notified the applicant that his case was being administratively closed due to the unavailability of his records to obtain an advisory opinion (Exhibit B). By DD Form 149, dated 23 Apr 10, the applicant requested award of the PH medal for wounds he received in action in Vietnam. On 18 Aug 10, the Board considered and denied the applicant’s request, determining the evidence presented by the applicant was not sufficient to conclude he incurred an injury as a direct result of enemy action. For an accounting of the facts and circumstances surrounding his request, and the rationale for the earlier decision by the Board, see the Record of Proceedings, with Exhibit, at Exhibit C. The AFBCMR, in response to a Congressional Inquiry from the applicant’s Congressional representative, noted that after reviewing the new documentation the applicant was correct that certain facts in the original ROP pertained to another service member who had the same name as the applicant. The AFBCMR further noted that their staff went to great lengths to obtain the necessary military personnel and medical records to aid in determining the validity of his request, only to receive the limited personnel records that were ultimately provided for the Board’s consideration (Exhibit D). By DD Form 149, dated 6 Oct 14, the applicant is requesting reconsideration for award of the PH medal for wounds he sustained while on temporary duty (TDY) to Bien Hoa, Vietnam. He believes the Board denied his request because it may have used another veteran’s records in determining his case (Exhibit E). AIR FORCE EVALUATION: AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice for award of the PH Medal. However, there does appear to be an error or injustice in that the applicant’s original request was denied partially due to certain facts included in the original Record of Proceedings (ROP) that pertained to another service member who has the same name as the applicant. The applicant was instructed by the AFBCMR to provide any pertinent documentation for consideration; however, his current package is incomplete. In order to submit a package to the Purple Heart Review Board the applicant will have to submit a complete package to include a detailed personal account of the circumstances surrounding his injury to include specifics as to how he was injured, exact date of injury, unit of assignment, and rank held at the time of injury and eyewitness statements from individuals who say the applicant was injured and can attest to the circumstances surrounding his account. Granting relief would be contrary to the criteria established by regulations, policy and law. 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 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 a thorough review of the applicant's official military personnel record, we were able to verify that an error did occur. The original ROP contained information of another service member bearing the same name as the applicant. This information was used in consideration for award of the PH by the AFBCMR. The applicant's original package to the AFBCMR contained a Standard Form 600, Chronological Record of Medical Care, with an entry dated 12 May 67, indicating treatment for a forehead and shoulder injury and indicates it was a combat injury. The AFBCMR in response to an inquiry from the applicant’s Congressional representative stated that certain facts included in the original ROP pertained to another service member who has the same name as the applicant. The AFBCMR had previously requested the applicant's records from the National Personnel Records Center and Service Treatment Records from the Department of Veterans Affairs (DVA); in view of their past difficulties obtaining such records on behalf of the applicant, he was instructed to provide copies of any pertinent records he had in his possession to aid in the processing of his request. The Purple Heart Review Board (PHRB) has the authority to determine a service member’s award of the PH. Each request is considered based on the policies and criteria in use at the time the service member was injured, and the determination is dependent on the documentary evidence presented. In order to present the applicant's request to the PHRB, he must provide: 1) A detailed personal account of the circumstances surrounding his injury to include specifics as to how he was injured, exact date of injury, unit of assignment, and rank held at the time injured. 2) Medical documentation to substantiate medical treatment was received. If medical documentation is not available, a statement from a medical officer (military or civilian) attesting that an examination revealed that an injury of the type incurred would or should have received medical treatment. Statements from individuals not substantiated by either medical or official records will not be considered sufficient evidence of wounds. In this respect, entries on Reports of Separation are not considered official. Concerning service-related conditions noted by the DVA, the injury must have been a direct result of the enemy and meet the PH criteria. Unfortunately, not all service-connected conditions, as determined by the DVA, meet the criteria for the award. 3) Eyewitness statements from an individual who saw the applicant injured and can attest to the circumstances surrounding the applicant's personal account. A complete copy of the AFPC/DPSID evaluation is at Exhibit F. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 Jul 15 for review and comment within 30 days (Exhibit G). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has not 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. In this respect, we note this Board is the highest administrative level of appeal within the Air Force. As such, an applicant must first exhaust all available avenues of administrative relief provided by existing law or regulations prior to seeking relief before this Board, as required by the governing Air Force Instruction. The Air Force office of primary responsibility has reviewed this application and indicated there is an available avenue of administrative relief the applicant has not first pursued. In view of this, we find this application is not ripe for adjudication at this level as there exists a subordinate level of appeal that has not first been depleted. Therefore, in view of the above, 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 issue(s) 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 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-2007-02244 in Executive Session on 9 Sep 15, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence pertaining AFBCMR Docket Number BC-2007-02244 was considered: Exhibit B. Letter, AFBCMR dated 29 Nov 07, w/atchs. Exhibit C. Record of Proceedings, dated 8 Sep 10, w/Exhibit A. Exhibit D. Letter, AFBCMR, undated. Exhibit E. DD Form 149, dated 6 Oct 14, w/atchs. Exhibit F. Letter, AFPC/DPSID, dated 1 Jul 15. Exhibit G. Letter, SAF/MRBR, dated 7 Jul 15. 4