RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-04889
COUNSEL: NONE
HEARING DESIRED: NO
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APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
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APPLICANT CONTENDS THAT:
He served two tours in Vietnam and was injured twice, but was not awarded the PH. In Feb 66, he developed a double hernia from lifting a 250 pound bomb by hand. He had to be evacuated to Japan, where he received the first of two required operations for the hernia. On 31 Jan 68, during a mortar attack, shrapnel imbedded in his left knee and thigh, but he didnt seek medical attention.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant initially entered the Regular Air Force on 21 Dec 64.
The applicant served two tours in Vietnam during the periods 16 Nov 65 through 9 Nov 66, and 5 Dec 67 through 5 Dec 68.
On 20 Dec 68, the applicant was furnished an Horable discharge, and was credited with seven years, seven months, and nine days of active service.
On 21 Jan 14, AFPC/DPSID directed that the applicants military records be corrected to:
a. Add the following decorations:
1. Presidential Unit Citation (PUC).
2. Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1BOLC).
3. Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P).
b. Change the Vietnam Service Medal with three Bronze Service Stars (VSM w/3BSS) to read VSM with one Silver Service Star and three BSS (VSM w/1SSS & 1BSS).
The remaining relevant facts pertaining to this application are described in the letter prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.
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AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of an error or an injustice. The PH award 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. A thorough review of the applicants military personnel records, found no documentation to verify award of the PH. There is no medical documentation to support the applicant received the injuries he contends. Based upon his own description of the events of Jan 68 and his injuries, the applicant does not qualify for award of the PH because no medical treatment was required. In addition, the injury sustained in Feb 66 while lifting the bomb does not qualify for consideration for the PH as the injury was not received in action against the enemy. To grant relief would be contrary to established PH award criteria.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 20 May 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
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THE BOARD CONCLUDES THAT:
After careful consideration of applicants request and the available evidence of record, we find the application untimely. Applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code (U.S.C.), §1552 and Air Force Instruction 36-2603. Applicant has not shown a plausible reason for the delay in filing, and we are not persuaded that the record raises issues of error or injustice which require resolution on the merits. Thus, we cannot conclude it would be in the interest of justice to excuse the applicants failure to file in a timely manner.
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THE BOARD DETERMINES THAT:
The application was not timely filed and it would not be in the interest of justice to waive the untimeliness. It is the decision of the Board, therefore, to reject the application as untimely.
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The following members of the Board considered AFBCMR Docket Number BC-2013-04889 in Executive Session on 21 Aug 14, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 11 Sep 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jan 14.
Exhibit D. Letter, SAF/MRBR, dated 20 May 14.
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