RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02081

  			COUNSEL:  Kimberly O’Neal
  
			HEARING DESIRED:  NO 


APPLICANT REQUESTS THAT:

The deceased be awarded the Purple Heart (PH) medal.


APPLICANT CONTENDS THAT:

The deceased should have been awarded the PH for injuries 
sustained during combat.  Copies of the deceased’s written 
log/diary kept during the war and his DD Form 214 are provided 
as evidence.   

The Board should find it in the interest of justice to grant the 
untimely request because the deceased was unaware he could have 
the error corrected.

The applicant’s complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

On 8 Feb 44, the applicant entered the Regular Air Force.

On 12 Sep 55, the applicant was discharged after a total of 13 
years and 17 days of active service.   


AIR FORCE EVALUATION:

AFPC/DPSID recommends disapproval for award of the PH.  There 
was no official documentation in the applicant’s record to 
verify he was recommended for or awarded the PH.  There is no 
evidence the applicant suffered an injury through enemy contact.  
A detailed personal account of how the injury occurred, medical 
documentation substantiating an injury which required medical 
treatment at the time the injury occurred, and eyewitness 
statements from individuals who saw the applicant receive the 
injury were not provided.  

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.  The applicant’s request was not submitted 
to the PH Review Board as it lacks the detailed statement, 
medical documentation substantiating medical treatment was 
received and eyewitness statements.  

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 10 Oct 14 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 including 
attachments, in judging the merits of the case; however, we 
agree with the opinion and recommendation of the Air Force 
office of primary responsibility (OPR) and adopt its rationale 
as the basis for our conclusion the applicant has not been the 
victim of an error of injustice.  While we are not unmindful or 
unappreciative of the applicant’s service to our Nation, in the 
absence of evidence to the contrary, we find no basis to 
recommend granting the relief sought in this application. 


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 documentary evidence pertaining to AFBCMR Docket 
Number BC-2014-02081 was considered:

	Exhibit A.  DD Form 149, dated 2 Jul 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 22 Sep 14.
	Exhibit D.  Letter, SAF/MRBR, dated 20 Oct 14.