RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2014-01096
COUNSEL: NONE INDICATED
HEARING DESIRED: NO
APPLICANT REQUESTS THAT:
Her father be posthumously awarded the Purple Heart (PH) Medal.
APPLICANT CONTENDS THAT:
Her deceased father is entitled to the award of the PH because he received a cut on his neck as a result of enemy fire during a flight over Japan on 22 June 1945, resulting in treatment at a hospital located in Guam.
The applicants complete submission, with attachments, is at Exhibit A.
STATEMENT OF FACTS:
The decedent entered the Army of the United States on 15 October 1943 and served on active duty until he was honorably discharged on 2 November 1945.
The decedents military personnel records were located in the area most heavily damaged in the fire at the National Personnel Records Center (NPRC) in 1973.
On 22 November 2013, the decedents daughter was notified that accidental injuries received in a combat zone are not considered wounds received in action. Also, no record has been found to show that the decedent was given medical treatment for wounds or injuries received in action. The PH is awarded for wounds or injuries received as a direct result of hostile action. A record of such wound or injuries must be contained in official military records.
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.
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. The PH Medal 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 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 PH Medal 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. After a though review of the decedents limited official military personnel record, verification could not be made for award of the PH medal. A signed certificate, Special Order or any other official documentation verifying the PH medal was awarded could not be located. Although the decedents daughter contends he was wounded, there are no records to research to make a determination because, according to the National Personnel Record Center, the decedents records were more than likely burned in the fire of 1973. Nevertheless, the Purple Heart Review Board has the authority to determine a veterans eligibility for award of the PH medal. Approval consideration can be based upon a detailed personal account of how the injury occurred, medical documentation substantiating the injury required medical treatment at the time the injury occurred, and eyewitness statements from individuals who saw how and when the injury occurred, none of which was provided by the decedents daughter. Therefore, to grant relief would be contrary to the criteria established by the Department of Defense Manual (DoDM) 1348.33, the Secretary of the Air Force, Chief of Staff, and or the War Department.
A complete copy of the AFPC/DPSID evaluation is at Exhibit C.
SAF/MRBP recommends denial. There is no provided evidence that the decedent was awarded the PH, or he received medical documentation substantiating an injury that required medical treatment. Additionally, a search of his personnel documents relating to his service in World War II do not provide requisite evidence that would allow the request to be reasonably considered.
A complete copy of the SAF/MRBP evaluation is at Exhibit D.
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 30 September 2014 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D).
THE FINDINGS AND CONCLUSION OF THE BOARD:
After careful consideration of the evidence of record, we find the application untimely. The applicant did not file within three years after the alleged error or injustice was discovered as required by Title 10, United States Code, Section 1552 and Air Force Instruction 36-2603, Air Force Board for Correction of Military Records. The applicant has not shown a sufficient reason for the delay in filing on a matter now dating back over 69 years, which has greatly complicated our ability to determine the merits of the application. Therefore, we are not persuaded 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.
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.
The following members of the Board considered AFBCMR Docket Number BC-2014-01096 in Executive Session on 6 January 2015, under the provisions of AFI 36-2603:
Chair
Member
Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2014-01096 was considered:
Exhibit A. DD Form 149, dated 14 March 2014, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 7 July 2014.
Exhibit D. Letter, SAF/MRBP, dated 4 September 2014.
Exhibit E. Letter, SAF/MRBR, dated 30 September 2014.
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