RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 	DOCKET NUMBER: BC-2014-02704

  			COUNSEL:  NONE

			HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).


APPLICANT CONTENDS THAT:

On or about 29 Jan 67, his base was under attack.  While running 
to the designated bunker, he and his crew felt either a grenade 
or satchel bomb go off behind them.  As a result of the 
explosion, he fell to the tarmac and received lacerations to his 
arms, face and head.  One of his crew got him to the bunker.  He 
went to the clinic the next day where he was told he also had a 
concussion based on his injuries. 

Applicant states he was advised by other veterans to apply for 
the PH due to the wounds he received in combat.

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


STATEMENT OF FACTS:

On 10 Jun 63, the applicant entered the Regular Air Force.

On 31 May 89, the applicant received an honorable discharge, and 
was credited with 25 years, 10 months and 21 days of active 
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 disapproval of the award of the PH. DPSID 
was unable to locate a signed certificate, Special Order or any 
other official documentation, nor was any provided, verifying 
the applicant was recommended for or awarded the PH. 

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 and boarded by the PH Review Board as it lacks medical 
documentation substantiating medical treatment was received and 
any eyewitness statement attesting to the circumstances 
surrounding the applicant’s personal account.     

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 24 Nov 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 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 
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 through the Purple 
Heart Review Board that has not first been depleted.  Therefore, 
in view of the above, we find no compelling 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-2014-02704 was considered:

	Exhibit A.  DD Form 149, dated 28 Jun 14, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, AFPC/DPSID, dated 3 Nov 14.
	Exhibit D.  Letter, SAF/MRBR, dated 24 Nov 14.