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.





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