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AF | BCMR | CY2013 | BC 2013 05193
Original file (BC 2013 05193.txt) Auto-classification: Denied
    RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-05193
	KENYADA A. LATTIMORE	COUNSEL:  NONE
		HEARING DESIRED:  NO


APPLICANT REQUESTS THAT:

He be awarded the Purple Heart (PH).


APPLICANT CONTENDS THAT:

The PH was omitted from his DD Form 214, Certificate of Release 
or Discharge from Active Duty.

The applicant provides no rationale as to why his failure to 
timely file should be waived in the interest of justice.

The applicant’s complete submission is at Exhibit A.


STATEMENT OF FACTS:

The applicant served in the Regular Air Force from 15 February 
1995 to 28 May 2009.  He was medically retired after serving 
14 years, 3 months and 14 days of active service.


AIR FORCE EVALUATION:

AFPC/DPSID recommends denial.  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 PH 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 applicant's official 
military personnel records do not include any documents 
indicating he was recommended for or awarded the PH.  To award 
the PH would be contrary to the criteria established by DoDM 
1348.33, Manual of Military Decorations and Awards.

The complete DPSID evaluation is at Exhibit C.


APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

On 14 March 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and comment within 
30 days.  As of this date, no response has been received by 
this office (Exhibit D).


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 error or injustice.  After 
thoroughly reviewing the evidence of record, we are not 
persuaded that relief is warranted.  Therefore, we agree with 
the opinion and recommendation of the Air Force office of 
primary responsibility and adopt its rationale as the basis for 
our conclusion that the applicant has not been the victim of an 
error or injustice.  The applicant’s personal sacrifice and 
unselfish service to our Nation are duly noted; however, without 
documentation to substantiate that he meets the criteria for 
award of the PH, we find no basis to recommend granting the 
relief sought in this application.


THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that 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 BC-2013-
05193 in Executive Session on 18 September 2014, under the 
provisions of AFI 36-2603:

      Ms. Patricia J. Zarodkiewicz, Panel Chair
      Ms. Kathleen I. Ferguson, Member
      Ms. Jessica L. Spencer-Gallucci, Member

The following documentary evidence pertaining to AFBCMR BC-2013-
05193 was considered:

    Exhibit A.  DD Form 149, dated 31 October 2013.
    Exhibit B.  Applicant's Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSID dated 28 February 2014.
    Exhibit D.  Letter, SAF/MRBR dated, 14 March 2014.





FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
2
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
3
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY – PRIVACY ACT OF 1974

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