RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-00955
COUNSEL: NONE
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH).
APPLICANT CONTENDS THAT:
He was awarded the PH during active duty for unloading wounded
personnel coming home from Vietnam. He cut his finger on steel
wool. After unloading the personnel, a fellow airman noticed he
was bleeding so he was advised to go to the emergency room. He
received 3-4 stitches and the doctor stated he was going to
recommend him for the PH. He recalls receiving the PH in a
black folder from a lieutenant colonel.
He gave the PH to his mother for safekeeping. She passed away
in March 2003 but the siblings were not allowed to enter the
home until 2011. He could not find the medal or the
documentation at that point.
The Board should find it in the interest of justice to consider
his untimely application because he has documentation showing he
was awarded the PH.
The applicants complete submission, with attachments, is at
Exhibit A.
STATEMENT OF FACTS:
On 29 Jan 74, the applicant entered the Regular Air Force.
On 30 Apr 70, the applicant received an honorable discharge and
was credited with 3 years and 9 months of active service.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial indicating there is no evidence of
an error or an injustice. They were unable to verify he was
recommended for or awarded of the PH after reviewing his
official military personnel record. The applicant states he cut
his finger cleaning a latrine, then hurried off to help unload
wounded personnel returning from Vietnam. After receiving
medical care from the doctor, he states the doctor said he was
going to recommend him for the award however; he provides no
medical documentation to accompany his account. His
Chronological Record of Medical Care for the incident in
question may be found in an entry 3 Mar 72. There were no
eyewitness statements from individuals who saw the applicant
injured and can attest to the circumstances in which he was
injured.
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 members 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 members
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 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 6 Jun 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 applicants complete submission 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.
Therefore, in the absence of evidence to the contrary, we find
no basis to recommend granting the requested relief.
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 was considered:
Exhibit A. DD Form 149, dated 3 Mar 14, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, AFPC/DPSID, dated 27 May 14.
Exhibit D. Letter, SAF/MRBR, dated 6 Jun 14.
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